Help on COS from L1B to H1B

[hope246]

I am currently on L1B visa. My L1B Visa and I-94 expired on Jan 1, 2019. I recently received an RFE on my L1B Visa extension. I most likely will get the final decision on my L1B extension by July end or Aug 1st week.

My company(the company for which I am currently working for, on L1B) applied for COS to H1B and my petition got through the lottery. It is currently with USCIS pending a decision. I have upgraded it to premium. I am wondering what would happen if my H1B COS gets approved and L1B extension gets denied by end of July 2019.

1) Would my H1B (if approved) take effect immediately(ie. as soon as USCIS approves it ) or does it take effect only on Oct 1st, 2019?

2) Should I leave the USA immediately (the very next day or the same day) if my L1B extension gets rejected?

3) Assuming that my L1B extension gets rejected on July 29 and I leave the country on July 31, How days would I be over staying? Is it 1 day or the duration from the expiry of my I-94 (Jan 1 2019) to July 31 2019?

4) Assuming that my L1B gets rejected on 31st July 2019, I was thinking of traveling to Canada (I have valid Canadian Visa) immediately and get my H1B stamped there and return back to the USA for the same employed on Oct 1st.

5) Is it mandatory, that I have to travel by air while leaving the USA for them to track my exit date from the country or can I travel by car to Canada?

Thanks a lot in advance!

[Libra_14]

1) Would my H1B (if approved) take effect immediately(ie. as soon as USCIS approves it ) or does it take effect only on Oct 1st, 2019?

It won't be in effect immediately. Once approved, you'll then have to file for COS from L1 to H1 or go out of USA, get H1 stamped & re-enter USA.

2) Should I leave the USA immediately (the very next day or the same day) if my L1B extension gets rejected?

Yes, you should.

3) Assuming that my L1B extension gets rejected on July 29 and I leave the country on July 31, How days would I be over staying? Is it 1 day or the duration from the expiry of my I-94 (Jan 1 2019) to July 31 2019?

The rejection letter would tell you by what date you should leave USA without counting as over stayed.

4) Assuming that my L1B gets rejected on 31st July 2019, I was thinking of traveling to Canada (I have valid Canadian Visa) immediately and get my H1B stamped there and return back to the USA for the same employed on Oct 1st.

Yes, you can do that.

5) Is it mandatory, that I have to travel by air while leaving the USA for them to track my exit date from the country or can I travel by car to Canada?

No, you can drive to Canada. But have some sort of proof ready during your next entry to USA - showing when you exited USA.

Air travel would be suggested, as boarding pass would suffice all questions that you left - and I believe you don't want to take any more risk.