India visit after getting H1 and during L1

[d24]

Hi,

My friend is on L1 and he has i94 till 2014. He got a sponsor for H1. He filed for H1 in Apr 2012 and got approved and got i94 which will be valid from Oct 2012 to Aug 2015. He can start working on H1 from Oct 2012. He is planning to visit India during July 2012 and will come back in the same month.

1. Now since he has i94 of H1 as well which will be valid from Oct 2012, will he face any query during his arrival back into US?
2. He will get a new i94 when he comes back to US, will the new dates of i94 be impacted because of the i94 of H1?
3. If he visits India, he will get a new i94 and he has approved H1 based on the old i94, will this impact in future while transferring the status from L1 to H1 or in stamping.

Appreciate guidance in advance..

[shervin143]

1. Now since he has i94 of H1 as well which will be valid from Oct 2012, will he face any query during his arrival back into US?
>>> It is not advisable to travel when the COS is about to happen in Oct 1st. If he has to travel, then better get the H1B visa stamped and return back only after Sept 21st 2012. When he leaves the country, he is suppose to return all his I-94 including the one that came with the H1B approval notice. If he enters back in L1 visa, then he will get a new I-94 associated to L1 and he will not have any I-94 associated with H1B and he will never know what his actual status is as of Oct 1st. It will create hell a lot of status confusion.

2. He will get a new i94 when he comes back to US, will the new dates of i94 be impacted because of the i94 of H1?
>>> No. The I-94 will be issued as per the L1 petition. But there will be other confusions. Search and read about the last action rule.

3. If he visits India, he will get a new i94 and he has approved H1 based on the old i94, will this impact in future while transferring the status from L1 to H1 or in stamping.
>>> Yes, it can cause issues. If he work for the L1 employer in H1B status or works for the H1B employer in L1 status, it will be illegal and cause all kind of issues.