I came to USA as Business Visa and Immigration gave me I-94 until 08/02/2009.
The company that I came to visit, decided give me a job to be marketing manager here and applied for my H1B in 04/22/2009.
They approved and gave me the I-797A for my H1B from 10/01/2009 to 09/26/2012.
My question is: Between the date that I should leave of my I-94 from B visa at 08/02/2009 and the date that will start at 10/01/2009, has one gap. I would like to know if I need to leave USA before August for if I can stay and wait my H1 start in October.
Please let me know if I should leave the country or not.
My schedule was:
*jun/02/08 - I came as B2. I stayed 10 days
*jul/15/08 - I came as B2. I stayed 15 days
* Oct/02/08 - I came as B1. I stayed 10 days
* feb/11/09- I came as B1. I stayed 10 days
* mar/22/09- I came as B1. I stayed 8 days( the company applied for my H1B)
*apr/19/09- I came as B2. I stayed 2 days
*may/03/09- I came as B1. I am still here. I got the approval for H1B to start at oct/01/09.

PLEASE LET ME KNOW IF I SHOULD LEAVE OR IF I CAN STAY.
Also, If I need to leave for do not be illegal, please let me know if I can leave just for a couple of days and try back as tourist or business again.
Do u know if my H1B already will be at the immigration system at the airport? Can I have some problem to come??
Pleaseeeee let me know.
I do not know what to do.

Thank you very much,
Kelly

Check the I-797 approval notice and confirm that it says the case is approved and notification has been sent to the consulate. If so, that it what you need to do, apply for the H-1B visa at your home consulate and enter the US as an H-1B.

It is unlikely the USCIS approved your case as a COS. Ask the company attorney as he has the actual documents to review and confirm. If not, you should take the approval notice and consult with an immigration attorney.

I trust this is responsive to your inquiry.

Sorry. I did not understand. What is COS??
Also please let me know. If I leave the country now and after one or two weeks try to come back as business or tourist again, at the immigration system at the airport will have that I already have H1B approved or not??
Can I come back as Business or tourist before my H1B start??
Thank you very much

Leaving and coming back as a visitor does nothing for your H status. If you leave, you need to get the visa to enter the US as an H. the airport does not have any way to issue a visa.

Again, check your I-797 and consult with the company attorney.

I have B1/B2 visa to United States valid until 2012. What is expiring is my last I-94 that I should leave before august/2.
My question is just if when I come back if my H1B status will be at the immigration system at the airport or not. I am afraid that maybe I can have some problem to back before October>

Once you are in the US, there are no visas relevant to your immigration status in the US. Your status is approved by the USCIS (part of DHS). A visa is issued by the US consulate (part of DOS), outside the US, not inside the US or at the POE.

The I-797 will say if the classification is approved for (1) visa issuance or for (2) a change of status.

There is nothing at the airport regarding your H-1B visa. You must have an H-1B visa to enter as an H-1B and to work as an H-1B. to get the visa, you must apply at your home consulate and have the visa issued. They do not do this at a US POE.

with the limited information you provided, you will need to leave the US and get the H-1B visa.

Please confirm this information with your company attorney as they have your petition and all the information required to answer all your questions.

Hi,

Thank you very much for your answer.
What say at my petition is:
"The above petition and change of status have been approved. The status of the foreign worker in this classification is valid as indicated above. The foreign worker can work can work for the petitioner, but only as detailed in the petition and for the period authorized> Any change in employment requires a new petition. Since this employment authorization stems from the filing of the petition, separate employment authorization is not required. Please contact IRS with any question about tax withholding.
The petitioner should keep the upper portion of this notice. The lower portion should be given to the worker. He or She should keep the right part with His or Her form I-94, Arrival-Departure Record. This should be turned in with the I-94 when departing the US. The left part is for Her or His records. A person granted a change of status who leaves the US must obtain a visa in the new classification before returning. The left part can be used in applying for the new visa. If a visa is not required, she or he should present it, along with any other required documentation, when applying for reentry in this new classification at a port of entry or pre-flight inspection station. The petitioner may also file form I-824, application for action on an approved application or petition, with this office to request that we notify a consulate, port of entry or pre-flight inspection office of this approval.
The approval of this petition does not in itself grant any immigration status and does not guarantee that the alien beneficiary will subsequently be found to be eligible for a visa, for admission to the United States, or for an extension, change, or adjustment of status.
This form is not a visa nor may it be used in place of a visa.


RECIEPT#EAC-.. -... -...
I-94#.. .
NAME.. KELLY
CLASS H1B
VALID FROM 10/01/2009 UNTIL 09/26/2012

PETITIONER:...
...
...


PLEASE HELP ME. LET ME KNOW WHAT U THINK.
Thank you very much.