L1 to H1 Transfer - Going to India inbetween

[muthu]

Iam currently in the US on a L1 Individual petition with Company A. My Visa has expired in Feb 2006 but I have a valid I 94. I have a personal commitment to go back to India in May 2006 for a month and more likely to get my L1 Visa stamped again and come back through the same company A. Company B is ready to process H1 B visa for me and they are asking me to send my documents. Now
1. Do I need to apply for a new H1 (as Iam going back to India and then will be returning) or a transfer of status from L1 to H1. Iam planning to send my documents to company B before I leave to India in may 2006.
2. Will I be eligible to apply for transfer of status ? I have this question because I will be going back to India and coming back in 2 months time. If yes, then should I apply with my new I 94 card that I receive after I come back here or can I apply now with my old I 94 card.
3. I will be coming back to US in July through company A. So how should I apply (New H1 or L1 to H1 transfer of status) for my H1 visa with company B so that I can shift jobs here without having to go back to India to get the visa stamped.
Any help would be appreciated.

[veena_swsh]

If you travel out of US while your petition to change status is pending or filed, then you will certainly need a visa as the COS will not go through.

If change of status petition ( I539) is not filed, then your H1B will be approved with a note that you will require stamping to commence work.

If your h1B gets approved while you are in India, then too you will need the stamping to start work. If your H1B has not yet been filed, wait till you get the L1 extension stamped and then file for H1B with a COS. Otherwise forgo L1 extension, and re-enter with H1B stamping to start work with new employer.