clarification related to Last action rule

[rayra01]

My current employer has filed for my L1 extension .

I have an approved H1 and another employer is filing for a change of status from L1 to H1 under premium 5-6 days after my L1 petition is getting filed.

How would the last action rule apply

New employers attorney told me

" Your visa status will be determined by the latest petition filed with USCIS. Our plan is to file your H-1B after L-1A filing and it will ensure that your visa status would be in H-1B once it's approved, not in L-1A even it's approved finally."

Is that correct

Thanks is advance for the replies

[0407]

You status is determined by last action taken by USCIS and not by last petition filed.

To give you an example, let us say COS from H1B to H4 is filed and then again

COS from H4 to H1B is filed before the adjudication of the first H1B to H4

and let us say H1B gets approved first ( may be because it was premium or otherwise)

and then after few months H4 COS gets approved, then status will be H4.