L1 To H1 Change of Status - Travel and Stamping Concern

[Ram_H1]

Hi,

I'm currently on L1 Visa with Company 'A' which is valid till 06-Oct-2012.

My Company 'A' has filed a Change of Status to H1B and the petition got approved ,and is valid -from 01-Oct-2012.

I have to travel out of USA in July 2012 and will return in Aug 2012.

I have checked with the company A and they advised me to re-enter US on L1 and H1 will become active from Oct-1 2012. They want me to Keep the I94 ( That has come with the new I797 approval) with me and not handover it when leaving the country in July 2012.

Is this valid according to Law ? Do I need to go for H1B Stamping ?

Please kindly let me know

Thanks,

Ram

[pontevecchio]

Yes. It is Fine.

[Ram_H1]

Hi pontevecchio,

Thank you for the reply.

I have a concern.

1) My I-94 number related to my L1 Entry is "ABC123" and when H1 is approved I can see the same I94 Number ("ABC123") on my H1B I797 Approval

2) So If I travel on L1 and return back on L1, I will get a new I94, for my L1 , say "DEG456"

3) So still can I start working with the company from Oct 1st with Old I-94 "ABC123" or the company has to file for a change of I94

Any help in this regard is greatly appreciated

[pontevecchio]

The fact that the I94 # is the same is very reassuring. They have changed your status on L1 to H1 on October,1 while you were still here in status. When you come back in L1 status the I94 # will be the same. Surely once a future COS is approved you can travel on the previous status before the new status kicks in.