H1B COS filed by 2 companies with different Start dates

[viksri]

Hi,
I am facing the following scenario:

1. I am on L1b with Company X.
2. X is filing my H1 with COS with a start date of Oct 15.
3. Another company Y is filing my H1 with COS with a start date of Oct 1.

I want to to continue with company A if my visa gets approved and i do not want to go out of US for stamping. So can i join company B for 15 days and then Change to company A with company A's approved petition or will company A have to file a new petition?

Also can i avoid joining B and directly join A?

[shervin143]

What are you trying to ask. Who is A and B? And who are X and Y in the question. In order for someone to help you, you need to be clear on what you are trying to ask.

Hi,
I am facing the following scenario:

1. I am on L1b with Company X.
2. X is filing my H1 with COS with a start date of Oct 15.
3. Another company Y is filing my H1 with COS with a start date of Oct 1.

I want to to continue with company A if my visa gets approved and i do not want to go out of US for stamping. So can i join company B for 15 days and then Change to company A with company A's approved petition or will company A have to file a new petition?

Also can i avoid joining B and directly join A?

[viksri]

Sorry Shervin for the mix up. A is same as X and B is same as Y.

[shervin143]

You can join company B for 15 days and then join Company A when their petition becomes effective. Company B should pay you for 15 days in order for you to maintain your H1B status from Oct 1st until you join Company A. Also, by the end of the year, you should get a W2 for those 15 days. When is your L1 expiring? If your current L1 is expiring after Oct 15th, then it is advisable to ask employer B to file the H1B with the start date of Oct 15th or later. So when Employer A petitions approved, you can work for employer A in H1B status instead of unnecessirily joining employer B for 15 days. Also, there is a lot of money involved in filing a petition. If you are not planning to work for employer B, then what is the point in making them file a petition on your behalf?