Can I re enter US on L1 without cancelling H1 COS

[manosel83]

I'm in US with L1 visa with employer A . I have applied H1 COS through employer B. My H1 Petition status is not approved yet. I wish to continue in L1 with employer A. if My employer B does not cancel my COS can I still work with employer A on L1?. L1 is valid until 2014 and I got it stamped from my home country. Can I leave US and re enter with my L1?

[raghvi]

I'm in US with L1 visa with employer A . I have applied H1 COS through employer B. My H1 Petition status is not approved yet. I wish to continue in L1 with employer A. if My employer B does not cancel my COS can I still work with employer A on L1?. L1 is valid until 2014 and I got it stamped from my home country. Can I leave US and re enter with my L1?

When is the proposed H1 effective date? Any employment with Employer A after H1 with Employer B effective Date will be considered Out of Status period. This can only be avoided if you leave US before the COS approval as that will invalidate COS and COS will be considered abandoned. When You re-enter US make sure you enter on L1 and get associated I-94. Keep all departure and re-entry records for future purposes. This is my opinion not legal advice.