Change from L1a to L1B/H1B

In terms of making the transition from a L1a to L1B/H1B a client posed the following question:

I have been in the US for two years under a L1A visa, now I transfer into a new role, which does not have a managerial responsibility. My company will apply for a new visa (L1B or H1B) but what happens during the processing time, I'm I still entiled to stay in the US?

Our response was that he could remain in the United States as long as his current I-94 card had not expired and he had filed a timely change of status application to L-1B or H-1B based on the new company. If there is time out of status, it is possible that the USCIS will approve the new petition but deny the change of status in which case, you would have to travel outside the U.S. to obtain a visa abroad.

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