gap between L1 expiry date and H1 B starting date

[pandu03]

Hi All

I am on L1 B which is valid until 22 Sep 2011 with company A. Company B is applying for H1 B. As this H1 B is first time i will be eligible to start work from 1 Oct 2011.

My problem is i will be out of status between 22 sep 2011 to 1 Oct 2011. Is there any way to avoid this. assumption is my new employer will apply in COS method.

[shervin143]

I seriously doubt your H1B will get approve as a COS. You need to be in valid status for the H1B to get approved with a new I-94. There are high chances that your H1B might get approved for consular process since you will be technically illegal after september 22nd (assumpping an L1 extension is not filed and you continue to remain in the country).