I am currently on L1B visa for Company A which is valid till Oct, 2016. Company B has also filed H1B for this year quota and if it gets appr...

Question

I am currently on L1B visa for Company A which is valid till Oct, 2016.

Company B has also filed H1B for this year quota and if it gets approved legally I would have to start working for Company B starting 1st oct, 2015.

My question is if I leave US in August 2015 and come back in September 2015, will my status still change to H1 starting 1st October?

What if I don't want to change my status and want to continue with Company under L1 visa? what are different ways?

Answer

Even if you have an I-129 petition approved for employment with a particular company, you are not bound to work for the company exactly on October 1st, or at all, if you choose not to. The I-129 approval for the L-1B will not become invalid just because you have applied for a change of status to H-1B.

As long as you are still in L-1B status, and as long as the L-1B visa in your passport is still valid, I do not foresee a problem with you returning to the U.S. in September. However, if you choose to pursue your H-1B visa, assuming it is approved, then you will be required to apply for the actual visa at the U.S. Consulate in your home country, if you travel outside the U.S. on/after October 1, 2015.