H1 with COS submitted but not approved before L1 visa expiry

[CGS]

I am currently in US on L1B with my visa and I-94 expiring on same date (end of November).
If I submit a new H1 (with COS) application to USCIS before my L1 visa expires and the H1 approval does not come before the current L1/I-94 expiry date, then will I be able to continue my stay here or do I have to leave this country?
Please let me know.

Thanks.

[shervin143]

You have to leave the country. You cannot work for the H1B employer until the COS gets approved. You cannot work for the L1 employer when the L1 I-94 expires and L1 extension hasn't been filed.
If you don't want to leave the country, then it is advisable to file the H1B COS as soon as possible in premium processing and get the result within 15 days.

[kabkaba]

@shervin: I disagree with the leave part. The person is cannot work for either L or H employers, but because change of status is pending, he/she is allowed to stay in the country IMO.

[shervin143]

I am not sure if that is right. When a person in is L1 or H1B, he/she should be working and getting paid. One cannot stay in the country without working just because a COS to another work status is filed. If the COS is filed couple of days prior to the I-94 expiry date on normal propcessing, then it might take upto 3 months to get the decision. The person cannot stay without working for 3 months. This is okay if the COS is filed for a dependent status. Also, if the COS gets denied, then the person would have accumulated illegal stay. This can also cause issues with the stamping as the W2 will clearly show that the person did not work for a considerable duration of time. The best bet is to file the COS asap on a premium process or file the H1B without COS, leave the country and re-enter when the H1B gets approved.

@shervin: I disagree with the leave part. The person is cannot work for either L or H employers, but because change of status is pending, he/she is allowed to stay in the country IMO.

[CGS]

Thanks for the information.