L1 to H1 Conversion & Immigration Status

[Beaverton11]

Dear Sir/Madam, I am looking forward to get some help to my unique problem.
I have only L1B Visa stamped on my passport. My employer responded to my H1 RFE while I and my wife was on vacation in India. During the vacation period, H1 Approval and H4 Approval notice has come along with new I-94.
After 10 days of H1 Petition Approval, I entered back in USA. Immigration officer gave me new I-94 on my L1 Visa (I don't have H1 Visa on my passport).
I would like to know
1) What is my legal status?
2) Which I94 form is valid?
3) My wife is having L2 visa. She has also got her H4 petition approved. Can she travel back on her L2 Visa just like I came back on L1?

Looking forward to see your response. Please advice.

Thanks,
Nilesh

[shervin143]

1) What is my legal status?
>>> L1. Search and read about the last action rule.

2) Which I94 form is valid?
>>> Whichever you received last. In your case, the I-94 associated with the L1 visa which you received at the POE.

3) My wife is having L2 visa. She has also got her H4 petition approved. Can she travel back on her L2 Visa just like I came back on L1?
>>> Yes. You are in L1, so she has to travel in L2 visa.

You have to return your I-94s that came along with the H1B approval notice back to CBP stating that you were out of the country at that time. Follow the below link.
https://www.immihelp.com/returning-u...4-form-to-cbp/

[Beaverton11]

Thank you for quick reply. I appreciate your help.

when I asked same questions to my company office, they told I am on H1B visa and I94 associated with H1B is valid. I shouldn't consider L1 at all.

[shervin143]

They are wrong. Like I mentioned, search and read about the last action rule. Your status is as per the last received I-94. This is why it is never advisable to travel out of U.S when a petition is pending with USCIS. Consult an good immigration attorney if you are in doubt. Making wrong assumptions will mess up your immigration status big time and it will impact future petitions and visa stamping as you might end up being out of status or illegal stay.

Thank you for quick reply. I appreciate your help.

when I asked same questions to my company office, they told I am on H1B visa and I94 associated with H1B is valid. I shouldn't consider L1 at all.