L1 to H1 COS - gap in between

[saangiit]

Hello,

I am currently on L1B visa with Company A (expires on 17th Sep 2010). Same company A applied for COS to H1B in April and it was approved in May. The COS starts from 1st October as per the approval notice. This means there is a gap of 13 days in between COS. I got my COS approval with the I-94 in the approval form at the bottom. In order to avoid any issues my company applied for L1 extension also in June but the result is pending. Two questions -
1. Can I work for my employer for the 13 days if my L1 is pending or not approved?
2. Can I stay in the country for those 13 days if my case is pending or not approved?

I know that my status will automatically change to H1 on Oct 1. But I am concerned about the 13 interim days if L1 status is pending or not approved.

Please advice.

Thanks,
Saangiit

[txh1b]

Eventhough USCIS has erroneously approved the EOS to H1b with an I-94, it is important that you do not overlook the fact that the gap period will lead you to be out of status. You are better off to leave and return on Oct 1st or have the extension approved. However, read about last action rule.