L1 B expires on Sep 21 and H1 B applied

[ssathy]

My L1 B expires on 09/21. This is my last extension possible as per the lawyers (5 years time bar). My company is applying H1B this April and as premium so that the results will be known by end of May. Even if I get the approval, i understand that i can work only from Oct 1. Me and my wife are expecting our first baby around this time (end of Sept). I would like to know if I can stay in the country for those 10 days or should we return back to India ?

[thums123]

You can check if you can recapture any time spent outside USA that is not counted as part of this 5 year. If not you are out of status from sep 21st. You will have to go back to India.

[cooltoo8190]

This is what I will suggest and most likely it will work for you.

Plan a trip to any country with your family immediately....You can pick up a country where you can get tourist visa easily. You will surrender your I-94 when you leave. You can come back anytime before Sep 21st so come back in a week. The CBP officer will issue you I-94 for 3 yrs at port of entry. If he does not talk to him to issue you as per Blanket policy which is to issue I-94 for 3 yrs at port of entry. You are good to stay in US and can file for COS to H1 which is already approved.

[thums123]

This might work but even though the new I-94 allows you to stay for Longer, you are definitely out of status since the Max stay is only 5 years. However you are not accuring any unlawful presence because of the new I-94. You might run into problem during future emplyoment like GC. So plan accordingly.

[vas9742]

I have a similar case:

(1) My L1-B I94 expires on SEP-14-2012

(2) I have a new 2013 quota approved H1-B (effective OCT-1-2012, new I94 valid thru SEP-2013)

(3) I have never had a H1 before, and this is the 5th and final year of the L1-B

As you can see here is a gap of 16 days in my status when I switch to H1 on Oct-1.

Will I need to manditorily step out on SEP-14th and step back in on OCT-1st?

If so does this have to be the home country, India?

I really have no need to step out and do not require a stamp as I have no necessity to fly out of U.S in the next two years.

My orginal L1-B stamp expired on SEP-14-2010. I have never left U.S since I got my L1-B in 2007.