L1B to H1B Transfer - Urgent query


I am currently on L1B Blanket Visa which is valid till Nov 2013 and my I94 is also valid till Nov 2013. I applied for H1B COS which is approved and starts Oct 1st 2013.
My current Employer is asking me to go back to India on Aug 26 2013. Can I resign on Aug 26 before Oct 1st and still stay in the US as I have a valid I94 which is valid
till Nov 2013 or will I go out of status? If not what are my options to stay here. Please advise. Thanks in advance. Appreciate all the help!


Validity for H1 and L1 depends on your employer paying you

You will be out of status as you will not be getting your pay!

More than 180 days out of status can result in 10 year ban!

you can go back and come back in oct

Thanks for your answer! In my case, I think I will be out of status for around 40 days since I can start working from Oct. Do you think that will be an issue? What are my other options if I want to continue staying here beyond Aug? Appreciate your help!

It depends…it can be an issue…it depends on officers…your future H1Bs might get affected or you can have GC problems.

Other option is you can go Canada or Mexico but u will need restamping which can be done.

You need to run payroll for 40 days somehow.

Someone suggested about applying for a Visitor visa to maintain the status but I think that can also causes issues with future GC and H1Bs? What is your take on that ? Also How is going to Canada or Mexico different from going to India ? In either case I have to leave in Aug and come back only in October right ? Thanks again for your reply!

If you are legally on B1/B2 visa COS that should not be a problem at all but it will raise red flags and ofcourse you cannot work. CA or MX is closer thats it.

Thanks for your replies! Really appreciate your comments.