L1-b expires in SEP-14, switch to H1-B on OCT-1

[vas9742]

(1) My L1-B I94 expires on SEP-14-2012
(2) I have a new 2013 quota approved H1-B (effective OCT-1-2013)
(3) I have never had a H1 before, and this is the 5th and final year of the L1-B

There is a gap of 16 days in my sttaus when I switch.
Will I need to manditorily step out on SEP-14th and step back in on OCT-1st.
I have no need to step out and do not require a stamp as I have no necessity to fly out of U.S in the next two years.


My orginal L1-B stamp expired on SEP-14-2010. I have never left U.S since I got my L1-B in 2007.

[vas9742]

I meant "approved H1-B (effective OCT-1-2012)"

[vas9742]

My question really is:

Will I need to mandatorily step out on SEP-14th and step back in on OCT-1st (or will it get exempted in the 180 days limit) ?

[raghvi]

I assume you have an I-94 along with the approved H1. If you are in US on any work visa, you should have a valid I-94 AND should be getting paid. From September 14th till 01st Oct you will be staying illegally in US as you don't have a valid I-94 associated with your stay. This is my opinion, do seek expert help too.

[vas9742]

Thanks Raghvi, yes I my i94 is with my employer. I will get it soon. It is valid until SEP-2013. Yes as you said I will seeks some advice on the 16 days gap.