L1 to H1 safe way to transition

[SandyUS]

Hi,

I am with Company A on L1 visa since 05/05/2010 - I-94 and visa validity from 04/19/2010 to 04/16/2013

Company B applied for my H1 visa in 2012 under PP with COS, got approved on 6/21/2012.

B applied my H1 with COS start date of 10/01/2012 - I-94 and visa validity from 10/01/2012 to 09/26/2014

I have resigned from Company A on 9/14/2012 requested to release me by 09/28, Friday (09/30 is Sunday) or 10/1/2012, Monday.

Company A is forcing me to serve 30 days notice, which will mean I will have to work for them while my H1 is already started, I am planning to serve only 15 days notice period to avoid getting into this situation.

Here are the questions, what is the right date to leave Company A?

1) Sep 28 (This will mean no overlap between L1 or H1, but the issue is what will be my status on 9/29, 9/30 ? - my H1 I-94 starts only on 10/1)

2) Oct 1 (This will mean a day overlap, working for Company A (L1) while Company B's H1 status started)

3) Oct 5 (This will mean I worked for L1 company for 5 business days while my H1 started)

4) Oct 12 (This will mean I worked for L1 company for 10 business days while my H1 started)

Please let me know which is the safest approach, so that I don't get into issues during my H1 stamping (since this is COS, visa is not stamped on my Passport) or future GC processing......

Thanks!

[JoeF]

You can not work for the L1 employer after Sept. 30.

[JoeF]

And the L1 employer can not force you to work past Sept. 30. US law trumps whatever "notice period" the company may have.

You are not allowed by US law to work for the L1 employer after Sept. 30. Period.

You can tell them that you would love to work during their "notice period", but the law does not allow you to do so.