Can we stay in US with new H1 under processing

[dilipkumartr]

Greetings to all,

I'm on L1 and it will come to an end sometime in Aug-12. I have applied for H1 and its currently being processed.

It is my understanding that I have to go back to India after my L1 expires, get stamped with my new H1 and come back in Oct.

I have heard from some of friends, that we can stay in US, after L1 has expired, since we have H1 (Receipt number) is in progress. Is that true ?

PS : I'm not eligible for L1 extension and its not a H1-B change of status.

[kabkaba]

Since your L1 I-94 does not extend up to Sep 30 and H1 will start on Oct 1, you cannot stay. The H1 petition is not being filed as change of status anyway.