Correct I-94 after COS filing and travel outside country

[L1H4H1]

I am getting different information from different people/Attorneys and hence i thought i would post this question here.

 

I was on a L1 B with employer A which was valid until April,2013. Another Employer B filed for L1B to H1B Change of Status in April 2013. I travelled to India on March, 2013 and came back to USA on a H4 during May,2013. My H1B got approved in June,2013 with a I-94(I797-A) effective Oct 1st,2013. My H4 expires on Nov,2013.  Please let me know the following

 

a. Which is my correct I-94 or am I in H4 or H1 status right now(Nov)?

 

b. Will the Last Action Rule work in my case as I travelled outside before a decision was made on my Change of Status from L1B to H1?

 

c. If Last Action Rule does not work, is my petition approval valid but I-94 is not valid or both are not valid?

 

c. What is it I need to do to start employment on new H1B ? - Should I file Change of Status or File amendment to H1B approved petition just for changing I-94(Is it even possible)?

 

d. Can I do a transfer to another company C and start working before a decision is made on the transfer?

 

Please let me know any information on this as soon as possible.

 

PS: Attorney 1 says I need to file an amendment on same petition or transferred petition and not work before the decision is made

 

Attorney 2 for Employer C says I could work while the transfer is in process as he feels my status is H1B right now(Nov).

 

Thanks in advance for your time.

[pontevecchio]

1. You would seem to be in H4 status with the H1 I94 an error by USCIS.  But they will make you pay if you continue to work in H1 status as of now.

2. You are in H4 status.

3. Your H1 I94 is invalid and USCIS needs to be notified about that.

3. Leave and come back with a H1 visa. You have no locus standi in filing a new H1 petition or amendment.

4. You are in H4 status.

5. You cannot avoid leaving and coming back in H1 status with the visa if you want to ever migrate to this country. The cumulative effect of years of out of status will render you unable to change status to PR in the future. What is the problem with leaving and coming back with the visa. That is the ONLY WAY you start again with a clean slate. Get the visa even if C gets the petition approved or D or X or Y. You need the H1 visa.

[L1H4H1]

Thank you for the reply. I have no issue in returning to my country and coming back if possible and not interested in PR either. I just want to be legally authorized when I work here temporarily. However right now company C is proceeding and asking me to work while the transfer is in process. They claim that "USCIS might have known that I travelled outside but still approved it". I have the mail from the attorney as well, but not sure if it will help me.