I94 extension after H1 approval

[techietravel]

Hi All,

I'm currently in L1 and my L1 was extended and its valid until Mar 2012. I'm in a situation where my passport expires on Mar 20, 2011 and I94 in my passport have the same date. I've applied for passport renewal and
Currently my employer is sponsoring H1B. Please suggest whether I should leave the country to get my updated I94 or it can be extended after I get my H1 approved without travelling outside US.

What will be the date in the I94 if my H1 gets approved?

Thanks

[shervin143]

I'm currently in L1 and my L1 was extended and its valid until Mar 2012. I'm in a situation where my passport expires on Mar 20, 2011 and I94 in my passport have the same date. I've applied for passport renewal and
Currently my employer is sponsoring H1B. Please suggest whether I should leave the country to get my updated I94 or it can be extended after I get my H1 approved without travelling outside US.
>>> It is not advisable to leave the country when your application for COS is pending with USCIS. Also, it is not advisable to apply the COS to H1B and L1 extension at the same time either since your status will change as per the last received approval notice (Search and read about last action rule). If your employer is going to file the H1B (with COS) now, then ask them to file it in premium so that you will get a result before your current L I-94 expires. In case your H1B is denied, then you can either file the L1 extension or leave the country and return back on a valid L1 visa which will get you a new I-94 at the POE matching your petition expiry date.

What will be the date in the I94 if my H1 gets approved?
>>> It depends on what was requested by your employer and the project details (duration) provided by your employer to USCIS.

[techietravel]

Thanks shervin143.

My L1 was already extended and while entering US after extension they gave I94 with the passport expiration date. I'm renewing my passport from here, can I extend my I94 without leaving the country or should I need to leave the country and come back to get the updated I94.

Also my employer is sponsoring H1 and I'll get the status on H1 before I get my new passport.

Considering both the above situations, please let me know how can I get my I94 updated.

[shervin143]

You are not getting the point. Your status expiration is associated with the last I-94 you received. So in order to extend the status (I-94) from within the country, you will need to file the extension of status again irrespective of your petition expiry date. The alternative is to leave the country and return back with a valid petition (The one that you currently have), valid passport that has a longer duration and with a valid L1 visa.

There is one another thing that you can try (It may or may not work) is go to the near by CBP post and check with them if they can issue you an extended I-94 based on your renewed passport, since you already have an extended petition.