:confused: TRAVEL between H1B approval and effective date

[g_s]

Hi Learned Ones,

I have just received my approval notice for H1B on Spetember 10, 2006 (I am currently on L2).

H1B is valid starting 01 OCT 06.

My current L2 is valid until 21 SEP 2007 (also the I-94 has this date stamped on it).

I have an international travel (not to my home country), leaving USA 20 Sep 06 and returning 29 SEP 06.

1. Can I re-enter USA on my current L2 or will I be asked to go to my home country for H1 stamping before I am allowed to re-enter USA.

2. What visa will I need to present on my re-entery on September 29?

3. Is there any risk on my H1B approved petition with this travel...in which case I will cancle my travle.

Please share your much needed advise ASAP.

Cheers.

 

[GotPR?]

3. Is there any risk on my H1B approved petition with this travel...in which case I will cancle my travle.

Approved H1 won't be affected, but it is not clear whether attached I-94 is still considered valid, if you enter the US before Oct 1 with L2 stamp.
If you enter the US as L2 on Sep 29, you'll receive new I-94 annotated with L2. Now you have 2 I-94s, one attached to H1 approval notice, another from entry on Sep 29. Usually, last action takes effect in case of approval in immigration, but in this case, the question is which is considered last action.
You gets L2 I-94 later than H1 I94, however, H1 I-94's start date is later than your receiving of L2 I-94.
If L2 I-94 is considered last action, you can not work for H1 employer on Oct 1, unless you get H1 stamp and reenter. That is the potential risk.

There seems to be a memo for this case, but I have never seen the memo itself.
Since this is more like interpretation rather than clearly stated law, I'd recommend to talk to lawyer.

 

[g_s]

Thank you so much for your guidance. Appreciate it.
I did talk to a lawyer per your advise and according my lawyer I should not take the risk of coming back on L2 on 29th Sep as that means "ABANDONMENT" of my H1B status