L1B to H1 CoS or Consular

[L1H1confusion]

Hi,

Have a common situation but a little bit of twist.. hence had to post ..for a specific reply..

currently with company X L1B petition & visa valid till august 2013 . I94 valid till dec 2014. company X sending me to India back in Aug as per policy
Small company B is ready to file my H1 they advise to file with CoS.
I have few issues

With current company X my travel date back to India is 26th and then from 27 Aug to 30 Sept how can I stay. if i resign i will be out of status...
Shall i ask company Y to file Consular process? and take risk of going through stamping in India with a smaller company?

Q2 : If I am in India with approved petition of company Y If my current company X offers to transfer from Y to X before stamping is this possible ? Can company Y create any issues?
Kindly suggest

[kabkaba]

Hi,

Have a common situation but a little bit of twist.. hence had to post ..for a specific reply..

currently with company X L1B petition & visa valid till august 2013 . I94 valid till dec 2014. company X sending me to India back in Aug as per policy
Small company B is ready to file my H1 they advise to file with CoS.
I have few issues

With current company X my travel date back to India is 26th and then from 27 Aug to 30 Sept how can I stay. if i resign i will be out of status...
Shall i ask company Y to file Consular process? and take risk of going through stamping in India with a smaller company?
-- Unfortunately, you cannot stay in the US and not work for X. Since your I-94 is valid, have them consider keeping you here until Sep 30. But on Oct 1, you will have to join Y.

Q2 : If I am in India with approved petition of company Y If my current company X offers to transfer from Y to X before stamping is this possible ? Can company Y create any issues? -- Yes, X can file cap-exempt petition for you in that case. But if you have any contract with Y, they can sue you for not joining them.
Kindly suggest

See above.

[L1H1confusion]

See above.

So basically summary can be : Go for consular approach. do not sign any contract.