I94 expired but new H1 approved

[ashmara86]

I was on L1-B visa in US since Jan 2011 . My I94 and my visa expired on Jan 11, 2013 but my H1-B petition was approved on Dec 20, 2012 and valid till Dec 2014 . The petition was sent to my company office in India and now I need to go to India for visa stamping .
What would be my work status in US as I dont have a valid I94 as of now . I would be travelling to India soon for my stamping

[raghvi]

I was on L1-B visa in US since Jan 2011 . My I94 and my visa expired on Jan 11, 2013 but my H1-B petition was approved on Dec 20, 2012 and valid till Dec 2014 . The petition was sent to my company office in India and now I need to go to India for visa stamping .
What would be my work status in US as I dont have a valid I94 as of now . I would be travelling to India soon for my stamping

Did you receive a new I-94 with the approved H1 petition (its at the bottom portion of the H1 petition)? If yes, you in H1 status currently. If no, then you are out of status.

This is my opinion not legal advice.

[ashmara86]

Did you receive a new I-94 with the approved H1 petition (its at the bottom portion of the H1 petition)? If yes, you in H1 status currently. If no, then you are out of status.

This is my opinion not legal advice.

No it did not come with a new I94 . I am out of status by almost 60 days and I am leaving for India to get my H1B stamped . Will this be a problem