Change of status from L1B to H1B issues

Hi All,


L1B & I-94 is expiring on 5th September and New H1B starts on 1st October 2013

Please advice on following:

  1. Should I pursue change of status from L1B to H1B or pursue consular process for new H1B for the above scenario??

  2. There is a GAP of 25 days between before new H1B starts and L1B ends. Can I stay during this period in US or do I have to go back to my home country?

  3. If yes, then what is the way to get I-94 extended for that GAP period???



  1. you can go for either of the two, in the first scenario you will need to have your l1 extended though

  2. no you can not stay without a valid status, either you need to have an extended L1 or you need to leave the country

  3. your employer needs to file L1B extension for you

One correction:
2. He can also stay on the basis of pending L-1 extension. As long as the L-1 extension is filed timely (i.e. prior to I-94 expiration), you can stay for up to 240 days beyond I-94 expiration date waiting for the result.