L1b expires aug 31, 2021. Do i need to leave usa for sept 2021 month gap for new h1b?

[rajplano]

Hello all,

I am in tricky situation and need some advise. I work in multi-national company here in Dallas, TX. I am here in L1B visa (came in Nov 2016) and continuously here since then. My visa expires on Aug 31, 2021. My wife too works under her L2 EAD visa with different employer. If I get an H1B (from my current company or new sponsorship company) + if that H1B gets approved (luckily), what will happen after Aug 31st 2021 as H1B work start date is usually Oct 1st only. Do I have to leave the country for 1 month gap (Sept 1st to Sept 30th, 2021)? What are my options?

2nd question: Is it true that this new H1B will be given with only 1 year validity and not beyond as am in the US for 5 years continuously in L1B visa.

Can someone advise?

Regards,
Raj
Dallas, TX

[Libra_14]

Yes, as soon as your I94 expires (assuming Aug 31st) you'll need to leave the country.

Very less likely that your H1B petition (if all goes well) is approved before Aug 31st - you can file for COS from L1B to H1B & continue to stay.