New H1B

[naivete]

I'm currently on an L1 Visa which is stamped until June 2005. I have recently applied for a new H1 B thru premium processing from another company. I was told that it will get approved in 2-4 weeks with start date of October 1st.

1) I'm planning to join the new employer in the new year - sometime in Jan/Feb. Is there any issue with it if I join on a later date and not october 1st ?

2) I'm planning to go for a vacation to India in November. Can I go to India and come back on my existing L1. Is there any possibility that I'm asked questions regarding H1 at the port of entry ?

3) Will I be given a new I94 along with the H1 approval ? I guess this I94 will be valid only when I join the new company. When this I94 expires, do I have to leave the country ? I heard that St. Louis has stopped accepting applications for revalidation - does it mean even I94 extensions cannot be done from within the US ?

Thanks

 

[waitin_toolong]

well if ur H1 gets approved then, from Oct 1 ur status will be h1 not L1 so you cannot delay, switching to the new status till nest year.

Next point, if you enter using L1 then you cannot just switch to H1 when you like, apply for COS from USa or travel abroad get a new stamp, only then can you acquire the new status.

one option is to have a start date not as Oct 1 2004 but late in Jan 2005. that way ur status change gets approved for later

Now extension and revalidation are two difft things

extension done by USCIS still goes on, where you get ur status extended or changed and are provided with a new I-94, if you apply before expiry of current I-94. DOS has nothing to do with it. The matter concerns ur status not stamp.

revalidation, done by DOS, is renewing the stamp in ur passport cause you need a valid stamp for entry into the US, the stamp has to be unexpired and be supported by papers, eg you cannot enter using L1 stamp and H1 papers. The stamp will determine the status you will have. It is the retamping on the passport that has been discontinued not the extension.

Even for revalidation you first needed to get extn approved by USCIS.