H1B approved and applying for L1B extension

[bmdkannan 0]

I am working for employer1 on L1-B. my visa & I-94 is going to expire by Feb 6 2014.

I have applied for H1B through employer2 in Apr 1 2013 as a COS from L1.
My H1B petition went to RFE->Denial->MTR->Approved status and I got the petition approved on Jan-21-2014. I am waiting for approved petition.

My employer2 told that once I get a client project, I will start working for employer2 after serving 2 weeks notice to employer1.

In the mean time, my employer1 has filed L1-B Extension on Jan-23-2014.

1. Without any issues when I should convert my status to H1B when my L1-B extension is in process
1.1 Before my current visa expires on Feb 6 2014?
1.2 After my current visa expires on Feb 6 2014?

2. Do I need to go for H1-B stamping to my home country in order to start working in H1B Since I have filed L1-B extension?

3. What happened to my H1B petition if my L1-B petition got
3.1 Approved or
3.2 RFE or
3.3 Rejected

4. When I need to ask my employer1 to withdraw L1-B petition.
4.1 Immediately or
4.2 Shall I wait till I get a project thru employer2 and start working for them?

Please advise.

[Boiler 45,322]

You will start working for and being paid by the new Employer, what project you are or are not allocated to is not relevant.

[aussie_jason 195]

1. You don't get to choose when you switch status, if your H1B visa was approved this year I believe your H1B will become effective on the 1st October and your status will change automatically

2. No, you will only need the H1B stamp when you travel outside the US and want to get back into the country

3.1 Nothing

3.2 Nothing

3.3 Then I believe you would be out of status from Feb 6 or when it was denied if your employer is using in country processing for the extension

4. It doesn't work like that, once your H1B becomes valid then you must commence work for your new employer

[jan22 3,043]

You don't pick the time you make the switch -- your H1B petition approval, I'm sure, came with a Change of Status. You are no longer in L1 status and are in H1B status from the start date on that petition approval. Continuing to work for the L1B employer would put you (and the L1B company, actually) at risk as it would be unauthorized employment. Employer2 should not have to wait to get a client project....when they applied for H1 status for you, they told USCIS that they had a position available that they needed to fill. So, they are responsible for employing (and paying) you from the start date on the petition.

You can only have one valid status in the US at any one time. If you let the L1B renewal go forward and it is approved after the H1B, there is the possibility that USCIS will consider you to then be back in L1 status and the only place you could work is with Employer 1. To continue to then work for Employer 2 would cause problems for you in the future.

Bottom line -- you need to decide which employer you want to continue to work for and stop the other petition.