L1 extension & H1 application

[sanjaypatilusa]

I am in USA working on L1B visa with employer X. My visa (and I-94 also) is going to be expire on 31st August 2012. My present employer X will be applying for my L1B extension on 1st July 2012. I am also having another job offer from employer Y and he already applied for my H1B visa in last week.
1) Now my plan is – I am going to join employer Y on 1st Oct. 2012 ( the date from H1b starts). Is it Ok ? Is this legally right?
2) Can I stay in USA for the month of September 2012 as my visa & I-94 expired on 31st August 2012. As per my understanding, I can stay in USA even after my visa & I-94 expiration as I have applied for L1B visa extension & its decision is pending. Please correct me if I am wrong.
3) Is it ok if I can stay in USA for the month of Sep-2012 on the basis of L1B visa extension request and then joining another employer Y on 1st Oct 2012 ? Is this legally right?

Please suggest.
Thanks

[shervin143]

1) Now my plan is – I am going to join employer Y on 1st Oct. 2012 ( the date from H1b starts). Is it Ok ? Is this legally right?
>>> If the H1B is filed as a COS from L1, then upon its approval (approval will come with a new I-94), you should be working for the H1B employer as of the H1B efective date. Any employment with the L1 employer after that is illegal unless L1 extension becomes effective after Oct 1st.

2) Can I stay in USA for the month of September 2012 as my visa & I-94 expired on 31st August 2012. As per my understanding, I can stay in USA even after my visa & I-94 expiration as I have applied for L1B visa extension & its decision is pending. Please correct me if I am wrong.
>>> That is correct. You can stay in U.S based on the pending L1 extension. Search and read about the last action rule. If the L1 petition becomes effective after Oct 1st (H1B effective date), then you will be in L1 status and you should be working for the L1 employer and not the H1B employer. It is advisable you file the L1 extension asap instead of waiting until July 1st. That way, your L1 will become effective first and later H1B will become effective from Oct 1st which will put you in H1B status after Oct 1st. Also, the COS to H1B will not get approved if you file the H1B before the L1 extension because of the gap between current L1 expiry date and Oct 1st. Your H1B should be filed with a copy of the pending L1 extension to get a new I-94 with H1B.

3) Is it ok if I can stay in USA for the month of Sep-2012 on the basis of L1B visa extension request and then joining another employer Y on 1st Oct 2012 ? Is this legally right?
>>> Yes, it is legally allowed. You should be working for the L1 employer and get paid until Oct 1st to maintain the L1 status. As I explained in the previous answer, search and read about the last action rule.