Another Non-immigration Visa Dilemma (Timing of L1 to H1)

[sameern]

I am currently on L1 with Company A and my project is finishing on 31st August 2011. Company B has applied for my H1 with COS and October 15th 2011 as the start date. Originally I thought my current project will last until October 15th but the client had informed us today that the project will end on 31st August. Company A is planning to send me back to India after the project finishes. With this situation, ideally I have to go to India, get H1 stamping and come back. But considering the visa stamping issues in India, I don’t want to get into that messy situation. Will I get any grace period on L1, if I quit Company A on 31st August?

I believe even though H1 with COS is approved, my L1 visa will be valid until I get my H1 stamped, am I right? If I am right then one work around I see is to go to India and convince Company A to send me back to US sometime this year on the current L1 on another project. Come back to US on L1 and then apply for COS with Company B again. If I do this, does Company B need to apply for my H1 as a new application or just apply for a change of status?

Is there any other work around for my situation?

[Belle]

"I believe even though H1 with COS is approved, my L1 visa will be valid until I get my H1 stamped, am I right? "

I don't think that's correct. Both H1 and L1 stamps will remain valid, and you will be able to enter on thme, assuming the conditions of underlying petitions did not change (i.e. you still have that job).

[Belle]

"If I do this, does Company B need to apply for my H1 as a new application or just apply for a change of status? "

Just COS.

[huakchusa]

Why don't you take a vacation from company-A till Oct-15, stay in the US without pay and then just quit and join company-B ?