Help - Gap between two visas, will it affect 485 application?

[chunhuach]

Hi,

I am about to file 485 (Adjustment of status), but I have an issue here.
I had an L1B visa which was valid to Sept 10, 2012. When it was close to the expiry, my employer applied H1B (change of status) for me, but the H1B is effective from Oct 24, 2012, so there is a 44-day gap. the H1B petition was filed at July 5th 2012.

I heard that it might be necessary for me to go out of US and get a H1B visa stamp and re-enter, so that I can start “clean”, or else there’s a risk that the gap might impact my 485 application. some say that since the H1B is filed before the L1B expired, so I don't have an issue there; some say that since the gap is less than 3 months I will be OK. I am really confused.

So my question is, do I really need to go out and re-enter US?

[raghvi]

When was the I94 on the the L1 expiring?

[chunhuach]

When was the I94 on the the L1 expiring?

Sept 10, 2012, the same date when L1 visa expired.
Note during the 44 days I was working.

[chunhuach]

Sept 10, 2012, the same date when L1 visa expired.
Note during the 44 days I was working.

I also heard that some new law might permit me to file 485 even I have a violation since my last entry. it's something called 245(k)
However I am not really sure if it apply to my situation.