L-1A to H-1B

[googler]

Hello,

I am currently in the US on a L1A visa. If I change employer, the new company wants to hire me on a H1B visa. I would like to understand how this works.

1. If the new company applies for my H1B and I do not receive it (let's say because of the quota), then can I continue in my current job with my L1A without any risks?

2. If to do the change from L1 to H1B the new company needs to apply for a change of status, does this put at risk my current employment and L1A visa (let's say in case I do not get the H1B status for any reason)?

3. The new company wants me to start in the Fall of 2013. If they apply for the H1B for me, can I continue working for my current company on L1A until fall 2013 when I can start with the new company on H1B?

I would very much appreciate if you could highlight the risks and the SAFEST path to go about this matter so I don't risk the situation where I do not get the H1B and I lose the L1A (and hence my current job).

Thank you!

[reluctantsnowman]

1) Your H1B is only valid after approval. As soon as it's approved, provided its done with Change of Status, your L1A will no longer be valid. You have to start working for the new company. If the approval does not go through, then you can continue on your L1A.

2) No Risk

3) Yes. You can work till your start of H1B visa, which will be Fall 2013

[googler]

Thank you for the reply. However I am a bit confused regarding 1) and 3), as I do not understand how I can try to get the H1B without jeopardizing my L1A status. That is, I would not quit my current job before having the H1B confirmed, but I do not see how I can get the H1B and start being on that status only starting a certain date (the date when employment would start with the new company).

My fear is that if I request change of status to H1B and receive it say in May 2013 I will not be able to work anymore at that moment for my current employer, so I will have a gap until fall when I start with the new company. Or is it that I can request change of status effective a certain date in the Fall?

Thank you!