L1 to H1 : I-94 question

[kka]

Hello All,
I am currently on L1B with my Visa and I-94 expiring in Dec 2012.

My project initiated new H1B visa in February 2012 considering rejections with renewal of L1B.

I have submitted all my documents for H1 B processing with an I-94 dated Jan 2013 during February 2012.

I travelled to India in March this year and i got a New I-94 when i arrived in USA.

Question:
My H1B initiation request has by old I-94 copy. Will this have any impact on H1B petition approval ?
Do we have a process to submit the new I-94 post the submission of documents ?

Thanks,
kk

[shervin143]

When was your H1B petition filed? Did you have a previous H1B CAP that was used to file the H1B petition?

[kka]

Thanks for the Response.

My petition would go under 2013 H1 B Cap. I am trying to get answer from my Visa team if it is already filed or they will soon do it.

If it is already filed then what will be the problem with I-94 [old copy] is my main concern.

Thanks,
kk

[shervin143]

Well, if it was under the new CAP, then there is no way it would have got filed before April 2nd. Since you have returned back from your trip prior to April 2nd, why didn't you give your immigration team the new I-94? With an I-94 that is no longer valid, the chances of yoru H1B petition getting approved as a COS (with a new I-94) is very less. Either USCIS will approved your petition for consular process or will issue a RFE for latest I-94. Check with your immigration team to see how to send additional documents for a petition that is already filed.

[kka]

Thank you Very much.

I am in process of getting the latest I-94 to them.