H1B approved with COS , L1B RFE I94 Expired

[mitarus]

Hello Experts,

I work for Employer A in L1B Visa and my I94 expires on 15-Sep-2013. I appplied for L1B Extension on Jun-18-2013 and got RFE.

I also applied for H1B through Employer B and it got approved. The document clearly says that My petition and Change of status is approved and has I94 with start date 01-oct-2013 to 17-jun-2016

Questions:-

1. Can i start working for Employer B from 1-0ct-2013 when my L1B Extension in RFE
and I94 expired from 15-SEP-2013.

2. If there is a option to start working for Employer B , and some decison is taken on L1B , will it be a problem for me to stay here and work for Employer B.

3. Is my H1B COS valid on 01-oct-2013 ? i wont have any status on 16-sep-2013 to 30-sep-2013 and all i have is L1B RFE during this period and staying in "period of stay authorized by General attorney"

Please advice

[raghvi]

Hello Experts,

I work for Employer A in L1B Visa and my I94 expires on 15-Sep-2013. I appplied for L1B Extension on Jun-18-2013 and got RFE.

I also applied for H1B through Employer B and it got approved. The document clearly says that My petition and Change of status is approved and has I94 with start date 01-oct-2013 to 17-jun-2016

Questions:-

1. Can i start working for Employer B from 1-0ct-2013 when my L1B Extension in RFE
and I94 expired from 15-SEP-2013.

2. If there is a option to start working for Employer B , and some decison is taken on L1B , will it be a problem for me to stay here and work for Employer B.

3. Is my H1B COS valid on 01-oct-2013 ? i wont have any status on 16-sep-2013 to 30-sep-2013 and all i have is L1B RFE during this period and staying in "period of stay authorized by General attorney"

Please advice

Technically your COS should have either got RFE or should have been approved as consular processing since your status on 30-sep-2013 is not yet valid. It would be advisable to upgrade L1 ext request to premium to get result before 01-Oct-2013. If L1 ext approved, then you can safely work with employer B from 01-Oct-2013, if L1 ext denied you should leave and re enter with stamped H1 I order to work for employer B.
Talk to an experienced attorney to determine your options.
This is my opinion not legal advice.

[rajeshkile]

mitarus,

I am in the same situation. Have you spoken with attorney regarding the same? if so, could you please provide the details.

Thanks,
RJ