URGENT- L1 To H1B Approved and can i travel using valid L1 visa

[anusnair01]

I am on L1 status for Company A. One consultancy say B said they will process my H1 B. I need to got to India urgently on Aug mid. Now the consultancy is saying that they wont process my H1B since if the H1B got approved while we are on India or before going to India, i cant come back on L1 status(which is valid till Nov 2014) and I need to stamp my H1B other wise my visa will be rejectted at Port of entry.

I want to know that if i have a valid L1 visa and my H1B got approved while visited or before visiting india, Can i travel using my L1 Visa or do i need to stamp H1B to enter US?

[Attorney_23]

If a foreign national travels after a change of status has been approved but before the petition becomes effective, USCIS has indicated in a letter that "a change of status takes effect automatically on the effective date noted on the notice of action...even if there is an intervening admission..." There is no regulation or law specifically allowing this, but this appears to be the position USCIS takes.

That being said, even if an L-1 visa is still valid, a foreign national cannot enter in L-1 status unless s/he will be doing so to work for the L-1 petitioner.