URGENT : issue with L1 to H1 COS

[CHINTUNAANI]

Hi,
I am currently in L1 and have applied for H1 this year(2008). However, I had mentioned not to apply for a COS to my employer as I did not want to change jobs immediately. I wanted to wait till next year sometime.

Now, my employer(H1B) told me that he has applied COS as well, but it is okay to join anytime. Is this right because I see in other discussions that "I should start working for new H1B employer immediately after the approval and the date mentioned on my new I94."
Also he has not shown me the Petition yet..
If that is the case then is my status 'out of status'?
What should I do in this scenario??
Since I have not changed my job and am still working for my old Employer(L1), how long can I continue with them?
Is there a way to get the H1 void in case I decide not to change to H1.

Can you please advise as soon as possible since I want to get a clarity on the 'out of status' .
Appreciate your help

[txh1b]

No, employer is wrong. With COS, you should begin work immediately. You cannot continue work for L1 even for a single day as it constitutes illegal employment.

If you want to work for L1, void the COS by travel to your home country immediately. Talk to your lawyer.

[CHINTUNAANI]

Thanks so much for your prompt response. What will happen to my overstay of 2 months(Oct & Nov) working on L1 (after H1B COS)? If I go out of US and come back on L1 now, will this "out-of-status" stay of 2 months impact my GC processing in future? Please clarify. Thanks much.

[txh1b]

It will likely impact the GC but the impact is minimized if you take the corrective action now rather than accumulate more unauthorized work and illegal work on L1.