L1 to H1B! Can H1 and H4 be stamped together for same person?

[ColumBrat]

Hi,

My L1 gets expired this Jul. My company has applied for H1B for me and its approved in the lottery.
Now, Looks like I can't work in US for these interim 2 months(Aug-Sep). I've no choice but to be away from work for these 2 months.
My wife has valid H1 from last year, which is not yet stamped.
I've some questions related to that.
1. Can I go on H4 status for this period? Do I need to mandatorily leave the US (I-94 is valid till next year) to get my H4 stamped?
2. While stamping, can I get both H1 and H4 stamped at the same time for myself?
3. Any risks in above?

Thanks in advance for your replies.

[raghvi]

Hi,

My L1 gets expired this Jul. My company has applied for H1B for me and its approved in the lottery.
Now, Looks like I can't work in US for these interim 2 months(Aug-Sep). I've no choice but to be away from work for these 2 months.
My wife has valid H1 from last year, which is not yet stamped.
I've some questions related to that.
1. Can I go on H4 status for this period? Do I need to mandatorily leave the US (I-94 is valid till next year) to get my H4 stamped?
2. While stamping, can I get both H1 and H4 stamped at the same time for myself?
3. Any risks in above?

Thanks in advance for your replies.

Do you have valid I129, I797 and I-94 with respect to the L1?

[ColumBrat]

Do you have valid I129, I797 and I-94 with respect to the L1?

Yes. I do have it.
Thanks for responding.

[raghvi]

Yes. I do have it.
Thanks for responding.

Then dont understand why you cannot work for Aug, Sep. Unless you are maxing out the L1B.

This is my opinion not legal advice.

[ColumBrat]

Then dont understand why you cannot work for Aug, Sep. Unless you are maxing out the L1B.

This is my opinion not legal advice.

Because my L1 expires in Jul.
I'll have no valid, applicable work Visa for this period.
(Even though the i-94 is valid till long, my company calculates it as exact 5 yrs I stayed in US, which is Jul in my case.
Doesn't allow to work after that).

[ColumBrat]

Because my L1 expires in Jul.
I'll have no valid, applicable work Visa for this period.
(Even though the i-94 is valid till long, my company calculates it as exact 5 yrs I stayed in US, which is Jul in my case.
Doesn't allow to work after that).

Any suggestions to my original question based on all this info?
Thanks, appreciate your help!