Question : I have a valid L1 B visa & I94 until Sep 22nd 2012. I am planning to file H1 B visa in next month (April). Question is what will be my status from Sep 22nd 2012 to Oct 1st 2012 if the H1 B is approved and can I stay in USA with approved H1 B petition for 8 days (Sep 22 to Oct 1 2012)
2 Answers from Attorneys
You will have no status for that time, and therefore, cannot do as you plan unless you will leave the U.S. and come back on the H-1B Visa.
You will likely need to leave the US and return after consular processing for the October 1 start date on the H-1b. If you do plan to file for the H-1b, you need to prepare it now for filing on April 1.