L1 to H1 questions, need help

I

info_req

New Member
Hi,

I came to US on a L1 for a company A that was valid till Mar-05. My I-94 is valid till Nov-06.
Meanwhile, I applied for my H1 through another company B, got the approval and started working for them since Oct-05.

Can someone address following questions?
1) If I go to India for H1B visa stamping, would there be any negative impact because I overstayed my L1 visa?
2) I heard that its always better to go to home country for first visa stamping. Is that true?
3) I also heard that irrespective of what I-94 says, if someone changes his status within US, they cant stay beyond a year after visa expiry date. Does that mean I've to go to India before Mar-06 for stamping even if my I-94 is valid till Nov-06?
4) If answer to # 3 is no, then can I stay in US till my I-94 expires in Nov-06 and then go for H1 visa stamping?

Note that, my change of status from L1 to H1 was approved and did get a new I-94 with I-797 (though it has the same information as the one stamped on my passport)

Would appreciate if someone can help me out. I need to take a visa appointment immediately if point # 3 is true.

Thanks
 
1) what is L visa validity on approved petition ? If petition has L1 validity til Mar 06, i think you are fine. Stamp is just a document to enter the US and does not dictate if one's in or out of status.

2) Yes it is more secured.
3) No such rule.. You received new I94 and you can stay til expiration of new I94.
4) You can stay til expiration of NEW I94 as H1 status.
 
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