Working on L1 despite COS from L1 to H1

[vs193928]

The query I am putting has been put multiple times but not a consistent answer . Any one pls help me out .

I am on L1B with company A . Visa expired July , 12 but I94 valid till 2014 . So I can legally work with A till I94 expiration.

I applied COS to H1 this year from a company B with usuaul start date of Oct-1 and it got approved.

But now I have plans to visit India in 2nd week of Nov , 2012 . So I dont want to join company B . Instead I am to go to India and come on a new L1 from my existing company A and join comopany B after coming back in Dec .

1) Would it be legal for me to work for company A for 30-40 days after Oct 1 .

2) Can this come up as an issue with my new L1 visa from company A .

Any similar personal experience well appreciated .

[Attorney_23]

In general, when a COS is granted with an effective date of October 1, the beneficiary is prohibited from working with his/her L1 sponsor from that date forward unless the L1 employer files a change of employer petition.

You may wish to consult with an experienced attorney who can review your situation and advise you on how best to proceed. (Also, please contact the attorney BEFORE the October 1 date.)