i94 expiring and applying a new H1B

[bongane]

Hello. After 3 years of stay/work in US my L1B got expired last year May 2013. Before that I went to India in Jan 2013 , based on that I got correction to my I 94 until Sept/23 2014 as my passport was expiring on Sept/23 2014. Later i renewed my passport.. And now this year my current employer is planning to apply H1B for me in 2014 quota. So my question is, considering my H1B will get approved say in June or July 2014 timeframe and for those 7 days from Sept/23 to Oct/1 (when change of status will take place), my employer is planning to apply L1B extension for me for remaining months to continue to stay/work in US. So after Oct/1 2014 do I still need to go to other country say India to get my change of status i.e. new H1 B stamped or stamping is not required for me if I continue working in US and does not leave US? Would appreciate the response. Thanks!

[raghvi]

Hello. After 3 years of stay/work in US my L1B got expired last year May 2013. Before that I went to India in Jan 2013 , based on that I got correction to my I 94 until Sept/23 2014 as my passport was expiring on Sept/23 2014. Later i renewed my passport.. And now this year my current employer is planning to apply H1B for me in 2014 quota. So my question is, considering my H1B will get approved say in June or July 2014 timeframe and for those 7 days from Sept/23 to Oct/1 (when change of status will take place), my employer is planning to apply L1B extension for me for remaining months to continue to stay/work in US. So after Oct/1 2014 do I still need to go to other country say India to get my change of status i.e. new H1 B stamped or stamping is not required for me if I continue working in US and does not leave US? Would appreciate the response. Thanks!

What your employer is planning is right and is the right way to do things. But USCIS might not approve the COS to H1 without first getting L1 extension approved. If that happens, I would advise it would be easier to just leave US and get H1 stamping and return rather than wait for L1 extension decision.

This is my opinion not legal advice.