Urgent help required regarding - I-94 / L1 / L2 / EAD / H1B - issues

[dr.anishaj]

Hello everyone - I have a similar situation. We are currently on L1 and L2 visa (valid till Aug 2013)

My company had applied for H1 and H4 visa as Consular Petition with Premium processing. Unfortunately, USCIS has approved the H1-B petition as COS (Change of Status) instead of Consular Petition, this means from 1 Oct 12, automatically my status will change from L1 to H1 and my spouse status will change from L2 to H4 (which means she cannot work on H4 visa, she has a valid EAD till May 2014). We requested USCIS to change the petition from Consular to COS , but they denied it. The option my attorney gave is to fly out of USA (Canada/Mexico) on 29 Sep 12 and return on 2 Oct 12. When we return,we should be given a new I-94, but as per my understanding, they do not remove I-94 for such short trip and we would end up with the same I-94 when we return. Will our status change from H1 to L1 / H4 to L2 when we return, please advise.thanks

We want to maintain the L1 and L2 status as my spouse has a EAD and she wants to continue working. As the change of status will automatically get into consideration on 1st Oct 2012, we plan to leave the country and return on 2nd Oct 2012 and use the same L1 and L2 visa which is valid till Aug 2013 to enter the country so that we again re-gain L1 and L2 status. Will there be any problem doing this ? Will the immigration officer question why are we not entering with H1 and H4 visa ? (we do not have H1 and H4 visa, it's only the petition which is approved, we have not done the stamping yet) , so is it like, I already had a L1 petition which is valid till Aug 2013 and now I have got a new approved petition for H1 which will be valid from 1 Oct 2012 till Set 2015. When I leave the country I have to compulsory get H1 stamped and re-enter on that Visa, or I can still use my L1 Visa which is valid till Aug 2013, please help....really appreciate a quick response....thanks once again....