Have valid visa Starting October 1st 2014. what options do i have till then?

[ildinse]

I am currently in US with L1B visa which expired this May 2014. I am in a valid I94 till 2016. Meanwhile my employer applied for a H1B (new) last April, I just received the approval notice, I797 starts October 1st 2014. I am in a situation where my employer wants me to go back to India. I know that i cannot work for any other employer till October 1st 2014. What options do i have? Can I resign company A now and be unemployed for two months and then join Company B? or if I go back to India, can I come back with H1B for a new employer after October?

[raghvi]

I am currently in US with L1B visa which expired this May 2014. I am in a valid I94 till 2016. Meanwhile my employer applied for a H1B (new) last April, I just received the approval notice, I797 starts October 1st 2014. I am in a situation where my employer wants me to go back to India. I know that i cannot work for any other employer till October 1st 2014. What options do i have? Can I resign company A now and be unemployed for two months and then join Company B? or if I go back to India, can I come back with H1B for a new employer after October?

Advisable to go back to India, give the approved I797 copy to next employer , ask them to file cap exempt H1 and once their petition is approved, you can go for stamping with that employer and is everything is fine , you can potentially be back on next employer's H1 by End of Sept 2014.

This is my opinion not legal advice.