L1 VISA Expired Valid I-94, Can I do COS to H1B ?

[test09121984]

Hi

I am currently on L1 VISA in US and it was expired on Aug 2012. I have a valid I-94 until 2015.

Now, another employer is ready to file H1B for me. Now, I have few questions.

1. Can new employer file COS(change of status) from L1 to H1 for me, just with the existing I-94?

2. Should I go to my home country to get the H1 VISA stamped before I start my work with the new employer ?

3. Since, I don't have a valid L1 VISA, would there be any chance for denial in COS ?

Thanks

[t75]

VISA is only for entry. It has no bearing on anything that occurs while you are in the US. Please become aware of the difference between visa and I-94