waiting L1-A approval while H1b is apporved last month from diff company

USA L1, L2 Visa
1

Hi,

I came to US on L1b-Visa from company XX which was expired in 2015/Nov and my current company XX has applied for L1A visa where I got RFE and in process of answering that RFE. Mean while my H1b( visa from other company ZZ was approved in Jan 1st week(delayed due to RFE). my current company XX is delaying in answering the L1-A RFE. my H1b visa approved over a month now but still working for company XX. Since my current company XX is delaying the L1-A RFE , Can I apply for COS for H1-B and move to my H1b to work for company ZZ? if so period between my l1-B expired (from mid nov) to until date will fall under which status?

Thanks,Sujay

2

COS may not get approved as your current I-94 has expired. It expired in Nov 2015, correct?

So the only option is to leave US, get H-1B visa stamped and then return on it to work for ZZ.

3

Dear Saurabh,
do you see any risk going out and getting it stamped to enter as my current I-94 expired Nov 2015?

Thanks, Sujay

4

It would depend upon ZZ’s petition. It wouldn’t be impacted by your L-1 or pending extension etc. If it is w/ a consulting company, then you may be asked about client/project etc - the usual stuff.