L1 to H1 COS - Start Date

[dev2design]

My L1B to H1B COS (Cap exempt using old H1) is in process under premium processing. It is a direct job with a new employer with no vendors in between. We got pretty straight forward RFE requesting some employer documents and attorneys are filing response to it this week.Attorneys expect approval of the petition

in coming weeks as it is premium processing.

Even though petition requested immediate start date, because of the unexpected delays due to RFE, the employer wants me join only after New year holiday. Basically they dont want me to join during XMAS / New Year holiday week as there is extended holidays and most people are out of office. The attorney handling the case advised them it is fine to start on Jan 2nd even if H1 is approved before 2nd (which is stupid I know)

I know by reading these forums that working on my L1 employer after H1 is approved is illegal and any Gap joining with H1 employer is also illegal. Back story of all this is that employer wanted me to join once the H1 filing receipt was generated, but I refused saying I will join only after H1 is approved because of risk/legal issues. Hence I dont have the voice to push / convince them to allow me to join during XMas week once h1 is approved since their attorney says it is OK.

Assuming USCIS approves my H1 next week , I may have a 7-10 days GAP before I join new company . I need your guys help in handling this scenario.

1) Should I continue working with L1 employer till I join with H1 employer?

2) Should I resign from L1 employer on the H1 approved date and stay at home for a week and then join H1 employer?

Even though both above options does NOT seem fine, which you guys think is better is less risky? Also if there is a 7-10 days gap how can I convince Visa Officer if this is raised as a question during Visa stamping in future..Can I say I was in XMAS/New Year vacation or so?

Thanks for reading my question.

[pontevecchio]

A little knowledge can be dangerous. Once the H1 petition with COS is APPROVED, you have 60 days to report to the new employer and hence there is absolutely no problem in joining in January. What you cannot do is work for the L1 company after the H1 with COS is approved.