I-94 Expiry Date and COS from L to H

[appootan]

Hi,

         My H-1 petition got approved this year(COS from L to H) and In the approved 797 petition my I-94 #(X) was from Oct 1st-2014 to Sep 30th-2015 for passport #- (A). Then i traveled to india on Aug 14th,  renewed my passport and returned back to US on Sep 15th-2014 using my current L1 visa stamped in old passport#-(A). I got a new L1 I-94#(Y) with an end date of Sep 14th-2016 at the POE  for my new passport# - (B). My Max-Out for H-1(L+H) is Jan 25th-2016. As i came back before oct 1st, i din't have to go for H1 stamping. Following are my queries: 

 

1. As of Oct 1st-2014, will my current I-94(Y) be auto converted to H1-I94(Y) with an end date of Sep 14th-2016 or will i be under the previous I-94(X) (from old passport) with an end date of Sep 30th-2015 as mentioned in the approved I-797 petition? 

 

2. After Oct 1st, how can i verify what is my current I-94# and it's expiry date?

 

Thanks,

Aravind

[itsmeusa]

1. There is no such as I-94 conversion. After 1st Oct, when you join H1b employer, you could be considered in H1b status and you would be allowed to work on H1b until Sep 30th 15. Your H1b status expires on Jan 25th 16 even if CBP officer issues I-94 beyond that date.

 

2. Try checking online I-94. Also check with your immi. lawyer.

[appootan]

Hi,

           Thanks for the reply. I see my current I-94#(Y) is valid till sep 14th-2016, after oct 1st-2014 will this expiry date change back to sep 30th-2015  as mentioned in the (old I-94#(X) attached with I-797 approval) for Y? If not, can i legally work until Jan 25th-2016, without extending H-1B(after 1 year) as I-94(Y) is until Sep 14th-2016? I am unsure which I-94 will kick into place from Oct 1st - X or Y?

 

Thanks,

Aravind