L1 to H1 Conversion with active I94 and expried Visa

[devspace]

Hi All
I am currently under L1 which has expiry of Feb 2014 but I94 valid until september 2016. My employer will be filing a H1 for me which will be a L1 to H1 conversion with effective date of October 2014. my queries below pertaining to this

1) Can i stay here between Feb 2014 and oct 2014 until my H1 gets effective in october using only the I94 even though the visa is expired in feb?

2) Will i be able to leave US and return back once my H1 petition is filed and approved before october effective using the approved petition ? I doubt it is not possible , but need a confirmation.

Thanks in advance for your response.

[raghvi]

Hi All
I am currently under L1 which has expiry of Feb 2014 but I94 valid until september 2016. My employer will be filing a H1 for me which will be a L1 to H1 conversion with effective date of October 2013. my queries below pertaining to this

1) Can i stay here between Feb 2013 and oct 2013 until my H1 gets effective in october using only the I94 even though the visa is expired in feb?

2) Will i be able to leave US and return back once my H1 petition is filed and approved before october effective using the approved petition ? I doubt it is not possible , but need a confirmation.

Thanks in advance for your response.

1. I think you meant 2014 instead of 2013. Yes, as long as dont have a need to leave US you should be fine to work on L1 till Oct 2014 and then onwards , if H1 approved, move to H1.
2. Visa and petition are different. Post Feb 2014 if you leave US you would need anew visa to re enter US and to get that you have to go for anew stamping. So with just the approved petition you cant enter US. The H1 start date will be 01-Oct-2014 or later, so you can attend H1 interview as early as Aug 2014. And if approved can enter on that H1 by Sep 2014 end.

This is my opinion not legal advice.