L1 to H1b gap question for txh1b

[dummy17th]

my L1 expired apr 23, 2008..
new employer filed new h1b apr 1, 2008
got h1b approved and COS approved with new i-94 valid oct 1, 2008..

i have asked lawyers and they are conflicting..
some said my new i-94 valid.. some said it's not..
and need to leave for stamping..

apr 23 to oct 1 = less 180 days
so still ok as far as i-485 later..
but that is if h1 status is really valid on oct 1, 2008 considering the GAP..

do you think i am really h1 status by oct 1, 2008..
or it was just a mistake on IO USCIS part and they might revoke it later.. HOPEFULLY NOT

[DMX17]

Be specific.

When does your L-1 I-94 expire? My L1 expires on ZZZ does not say whether you are talking about the L1 visa or the petition/I-94.

If your L1 I-94 has expired, ask yourself what status you are on right now. No status. Get out of the country ASAP.

[dummy17th]

i already said L1 expired apr 23, 2008

i dont need to leave if h1b i-94 effective oct 1, 2008 is valid

apr 23 to oct 1 = less than 180 days so i dont need to exit..

[txh1b]

What part of L1 expired? If the I-94 expired, it does matter. You cannot stay in US even if USCIS erroneosly approved a COS. This gap is not OK.

[dummy17th]

L1 i-94 expired..


actually, i can because i also have pending AOS eb2..
so i am actually not out of status..


but my real question is USCIS approved my COS for h1b
and issued me new i-94.. i was hoping to be h1 status
by oct 1 instead of using my ead once i get it..

why would you say my h1b is not valid..
although it is unusual that i got new i-94..
the fact is i did..

i have asked some lawyers and they are conflicting..
one even mentioned i'm a very lucky man..

[txh1b]

You can remain due to AOS pending but have to re-instate your H1b status by travel or by a visa stamp abroad. No luck question here.

[dummy17th]

thanks,

do you think if i do visa revalidation and travel to canada/mexico for less
than 30 days..
that would accomplish re-instating my h1b visa?

[txh1b]

That is possible.