H1 Approved and L1 getting filed after that but before 1 October

[Atul Gupta]

My friend is working with Employer A and he is in Indianapolis with L1B (visa expiry on 25th Sep , I94 with L1B is valid till Nov 2016). Employer A is planning to file his conversion from L1B to L1A before 25th Sep and the documents are already with Attorney.
He is having H1B from other Employer B as his petition was approved this year in May and corresponding I94 is going to expire June 2016. He has a wife who is also working and on L2 dependent with EAD.
H1B is only approved for him as of now and he didn't filed his wife's H4 yet. So I just wanted to understand based on above situation, the answers to following questions:-
If Employer A files his L1A by 25 Sep, is it fine for him and his wife to continue working with Employer A even after 1 Oct. If yes for how long?
If Employer A DOES NOT file his L1A, is it fine for him and his wife to continue working with Employer A even after 1 Oct. If yes for how long?
If the answer to both the questions above is NO, then what options does he have?
If he switches over on H1 with Employer B on or after Oct 1, - can his L1A gets approved? If no, why and if yes, What will happen then?

[raghvi]

My friend is working with Employer A and he is in Indianapolis with L1B (visa expiry on 25th Sep , I94 with L1B is valid till Nov 2016). Employer A is planning to file his conversion from L1B to L1A before 25th Sep and the documents are already with Attorney.
He is having H1B from other Employer B as his petition was approved this year in May and corresponding I94 is going to expire June 2016. He has a wife who is also working and on L2 dependent with EAD.
H1B is only approved for him as of now and he didn't filed his wife's H4 yet. So I just wanted to understand based on above situation, the answers to following questions:-
If Employer A files his L1A by 25 Sep, is it fine for him and his wife to continue working with Employer A even after 1 Oct. If yes for how long?
If Employer A DOES NOT file his L1A, is it fine for him and his wife to continue working with Employer A even after 1 Oct. If yes for how long?
If the answer to both the questions above is NO, then what options does he have?
If he switches over on H1 with Employer B on or after Oct 1, - can his L1A gets approved? If no, why and if yes, What will happen then?

Was H1 a fresh H1 or an old H1? If old H1 and approved then how is he still working on L1? If fresh H1 then it gets activated from 01-Oct-2015 and he must work for H1 employer from that day and spouse should also stop working and move to H4 from that day.

The only way to avoid this would be to leave US and re enter on a valid L1 visa, since his L1 would expire by Sep 25th, he would need to go for fresh L1 stamping.

Even if he moves to H1 employer technically his L1A can still be processed. But would the company continue to support him after he has stopped working for them?

This is my opinion not legal advice.