Gap between L1 expiration and new H1

[sheenatk]

Hi,
My current L1B visa gets expired on coming Sept-21. My company is filing new H1 for me, which will be active only on Oct-1.
Do I need to go to India before L1B expiry, wait in India for H1 approval and come back after stamping?
Is there any other work around for this situation other than exiting US?

Thank you.

[shervin143]

Unfortunately there is no other option. Your H1B will not be approved as a COS since you have 9 days between your L1 expiry and the H1B effective (if approved). You should leave the country and return back in H1B visa.
Alternatively your company can file the L1 extension and later file the COS from L1 to H1B which will allow you to stay and work without having to leave the country.

[kabkaba]

One thing to check is your I-94 expiry, Visa in passport does not matter.

[sheenatk]

Thanks for the replies. My I-94 also expires on 9/21/2011.