L1-H1 confusion

[syspine]

Hi,

Please help to arrive at some conclusion. My case is as below:

My L1b has expiry date as of Oct 31st, 2009 and I already have extention approved till Oct 31, 2011 with I-94 through comapny A.
Other company B applied for H1-B and got approved in COS with I-94. This is consulting company and I dont want to go for H1-B now till my project on L1-B (company A) is over. I may use that later next year i.e 2010.

1. I assume that since it is COS, my status will be change from L1-B to H1B from October 1st, 2009 and I'll be on H1-B status (void L1-B). Is it correct?

2. If #1 is true, how to avoid H1-B status and continue on the L1-B status?

3. Can I plan for the leap frog? If I leave USA before 30 Septmember and come back in mid October (may 17 October), do I need to apply for L1-B extension again?

4. Can I get I-94 for L1 till the extended period i.e. 2011 at port of entry?

5. Will there be any more complications to this case?

Please advise. Thanks in advance.

[orion]

What is your current status? Last action rule comes to picture here, what came last? L1 ext or H1 approval?

If H1, then yes you can do a leapfrog. No complications.

[syspine]

Thanks for the reply.

In case of leap frog can I get I-94 for L1 till the extended period i.e. 2011 at the port of entry or till visa expiry i.e. 31st October 2009?

[orion]

Carry the L1 renewal petition with you and mention that you want to enter on L1 status while on PoE. You should get I-94 uptil 2011.

[syspine]

Thanks a lot Orion.

[syspine]

FYI. I got approval for L1B extension on August 13, 2009 and H1b on on August 21, 2009.