L1 to H1 Change of status

[ramthy]

Currently I am in L1-B visa and I had applied my H1 and it got approved. When I had applied my H1, I was in my previous L1 which is getting expired on Sep 01,2012. My employer applied for L1 extension but it went to RFE. Instead of responding to RFE, I went to Canada and got my new L1B visa which is valid till 2015.

The thing is, when my H1 was applied, my previous L1 extension was in RFE and I didn't have a confirmation/proof of my legal status to choose the Part 2 (4.b) option :

"Change each beneficiary's status and extend their stay since he,she,or they are all now in the U.S in another status" in I129.

So the new employer who filed H1 have chosen the Part 2 (4.a) option :

"Notify the office in Part 4 so each beneficiary can obtain a visa or be admitted".

The new employer who filed my H1 is saying that I have to go out of the country and get my H1 stamping and I can't apply for change of status since we have chosen option Part 2 (4.a).

My question is,

Can I apply a change of status to move from L1 to H1 since I am in a valid status in US now ?

Instead of going out of the country and get the H1 stamping, can I apply change of status within the country ?

[pontevecchio]

If the employer wants you to go and get a visa there is little you can do. You do realize COS means a H1 petition needs to be filed again with COS.