Duration of stay after resignation to L1 Employer in US

[mkgandhi1971]

How long one can stay after one resigns the employee who sponsored L1 Visa?

While I am working on arrangement to get my H1 Visa applied through employer B, If I decide to resign employee A on July 1 knowing that (assumption) H1B stamping will get confirmed in mid Sept 2011. My I-94 is valid till Nov 2012. My family ( wife & 2 kids) are on L2. My wife is not working.

Can I take the risk of staying on my own and wait till H1 stamping gets confirmed. Is it legally possible? Please guide.

Second part of my question is, can I apply for L1 to H4 till my H1 gets stamped or if there is any other option to stay back for 3 months (July-Aug-Sept). Appreciate your response. Thanks

[kabkaba]

Technically you are not allowed to stay a single day after you leave your job. Change of status to H1 is not possible in such a case. You should either work until Sep 30 and change to H1 employer on Oct 1 or leave the US and return with an H1 Visa after H1 petition is approved.