H1B Approved and copy of I797 needed.How to avoid stamping?

USA H1B Visa
1

I got my H1B approved and it was I797 was given the validity for 1 year and the I797 approval notice was sent to attorney and they will send it to my employer.

H1B was processed in consular processing and I need to out of country and get the stamping and come back.

First question

  1. Can we amend the counsular H1B to change of status H1B to avoid going to india and get the stamping?

2.If we go for stmping I believe I will get the stamping only till end date of I797 approval notice right?

2

  1. Yes, this is possible. What is your current visa status in US? Do you know if USCIS denied COS or if it was never applied w/ the original petition?

  2. That is correct. If approved, they will issue visa stamp until 797 expiration date.

3
  1. COS was not applied for me w/ the original petition.It was a consular processing and that is why Attorney is asking me to go out and come back in the new I797 petition?
    My current visa status is L1 Blanket petition (L1A) valid till Feb 2014 (I94 valid till May 2014

One more question

If I go out of US with the current L1A and come back with the same L1A visa status(assuming that I am not going for the COS to H1) will I be offered a new I94 only up to Feb 2014 (up to which my current L1A visa is).
Is it true?

4

With L-1, PoE officers at times issue I-94 for another 3 years extending beyond visa stamp expiration date. However, some officers will issue it for shorter term only until visa stamp expiration date. So it depends upon the officer.