H4 to H1B transfer - I 94 extension issue

Below is my case description,

Current Status => H4 

Visa Valid Till  => 20 Oct 2014

I - 94               => 28 Sep 2013  [ They gave till this date as my Passport is valid only till Sep 2013]

 

Then I got a new passport and applied for H1. 

 

H1's I - 94 => 1 Oct 2013 Till 20 Sep 2016

 

My question is, 

 

So just for these 2 days (29th and 30th Sep 2013), What are the options do I have?

 

 

1) I can approach the local USCIS (field office is located in downtown sandiego) and extend my H4's I-94 for 2 days?

 

2) I can travel to Canada / Mexico to get the new I-94?

 

3) Even If I do any one of the above, in the approval notice they stated that the petition and change of status have been approved.

   So after 1st October can I start working or do I need to get H1 stamping in my home country to start working?

 

Please advice.

Interesting Question. Here you go:

  1. You can not approach the Local office

  2. If you travel to Canada/Mexico, you will have to get H1B Visa Stamped, if its first H1B; you need to apply at Home Country Only

Option # 1: You can be out-of-status for upto 180 days under 245k regulation, its only 2-3 Days.

Option # 2: (Best) Apply for a H4 Extension until September 30 (End Date requested MUST be Sep 30). Since, you are not traveling, I-94 Numbers will be same for both H4 and H1B.

You can start working after October 01 - However, I guess the point is to maintain status for that gap. If you travel and return on H4, the I-94 will change and you will be back on H4 and Employer will have to Amend H1B again.