H1 approved, L1 extn

[hellomeitis]

Hello,
I'm in bad situation and really need help. This is the situation:

I'm currently working with Comp A on L1-B, for which the visa and I-94 are expiring on 23-Sep-08. Comp B had applied for my H1B (with COS) which is approved and effective from 1-Oct-08. Now, Comp A is applying for my L1-B extension or new L1-A petition and there is good possibility that the approval or denial to my L1-B will happen after 1-Oct-08. So, what if:

1. The L1B extension approval comes after 1-Oct-08, lets say on 10-Nov-08 and I'm still working with Comp A. Will my H1B cancelled because of last action rule and L1b being approved later than H1B?

2. The L1B extension denial comes after 1-Oct-08, lets say on 10-Nov-08 and I'm still working with Comp A. What status I'll be in?

3. The L1B extension approval comes after 1-Oct-08, lets say on 10-Nov-08 and I have started working with Comp B on H1 effective 1-Oct-08. Will I be out of status from 10-Nov-08 as I'm no longer with Comp A, isn't it the responsibility of Comp A to revoke my L1 extn as I left Comp A on 1-Oct-08

4. The L1B extension denial comes after 1-Oct-08, lets say on 10-Nov-08 and I have started working with Comp B on H1 effective 1-Oct-08. Will that make me out of status?

And secondly, I went to India for vacation and came back to US in July and got new I-94 for L1 visa with expiration date as 23-Sep-08, just wanted to provide info if that make any change to above situation. Thanks.

I'll really appreciate if someone can answer my queries. Thanks again.

[txh1b]

Look at many 100s of posts on the same subject on the forum and spend some time reading the answers,

1. The petition remains valid but not your COS to H1b. If you want to work again on H1b, the employer has to file an amendment for COS.
2. Out of status. You would be in status if you started working for H1b employer if it was an approved COS with I-94. How did USCIS approve your H1b as COS if you have gap of 1 week before Oct 1st for your status. Oh Well!
3. Your status will change to L1 due to last action and you can no longer remain on H1. To avoid it, you have to return with a H1b stamp and void the EOS. You can't count on company to withdraw the petition and USCIS to act quickly on it.
4. You will remain in H1b status as long as you continue getting paid on H1b.

Was your H1b approved before your travel or after your travel? Did it come with an attached I-94?

[hellomeitis]

Thanks txh1b

My H1B was approved before I went for vacation and yes, I-94 is attached with the approval. Does it make any difference in any of the above scenerios?

[txh1b]

Nothing changes in your case. Things would have changed otherwise.