L1B to H1B Transfer

[vkagrawal]

Hi,

I have an L1B visa which expires on Sept 4' 2010
My I94 expires on Dec 2011
My conpany has applied for an H1B visa for me on Aug 4th '2010
I am expecting to get it approved by 1st week Oct.

Since I will have an unknown status from Sept 4th till the time I get my H1B approved, will it cause any problems in my visa stamping.
The other important question is will this "unknown status" cause any issues when I apply for my green card?

Please advice. Thanks a lot!

[shervin143]

Which "Unknown" status are you talking about? Visa is just an entry document to U.S. As long as the L1 I-94 remains valid, you are in valid "Known" status and you don't have to worry.

[vkagrawal]

Agreed but when I leave for India anytime after I get my visa approved, I will get a new I94 and the current I94 is gone. Then during my green card process what they will see is my visa validity status, not my I94, right?
In that case this duration will become an "unknown status", does this makes sense ?

[shervin143]

Visa validity will be checked only when you try to enter the country. When you are inside U.S, your I-94 is what is important. As long as your have not overstayed beyond the given I-94 expiry date, you are good. Once you leave the country, there is no status. When you are inside the country, you need to maintain valid immigration status.

Agreed but when I leave for India anytime after I get my visa approved, I will get a new I94 and the current I94 is gone. Then during my green card process what they will see is my visa validity status, not my I94, right?
In that case this duration will become an "unknown status", does this makes sense ?

[kabkaba]

They have records of exits and entries in their system. You should also keep copies of all documents including I-94 with you, even if you submit the originals.