L1B to H1B transfer within the same company

[Barathan]

I’m living in the US in L1B visa since Oct 2019 and it is valid till Sept 2022. My wife got her L2 EAD and she is planning to work. In the meantime, my current employer had applied for 2021 H1B lottery and I got selected in the lottery. While applying H1B petition, instead of choosing the change of status option, I’m planning to go with Consular Processing option which allows me to be in L1B visa till it expires and my wife can work with the same L2 EAD. I have a couple of questions on the Consular Processing option.

1. Will I be scrutinized more for choosing the Consular Processing option during my visa interview (probably around May 2022)?
2. Say, if I get my H1B stamped in May 2022, how long will my H1B visa be valid? And when do I have to renew?
3. Are there any other disadvantages we need to consider provided I will not change my employer within May 2022?

[RFromLondon]

I followed the same path, so my comments are based on my experience and not legal expertise. I delayed my H1B stamping by 2 years to allow my wife to carry on working on L2 EAD.

1. No, there is no additional scrutiny as such, but there is always a possibility of getting into the administrative processing during visa interview. It was smooth and quick for me.
2. H1B validity is mentioned in your petition approval (most probably 3 years from the date of approval). The validity does not change based on when you go for visa stamping.
3. The only disadvantage that I can think of is that you can not afford to lose your job with your current employer. Since you are still on L1B, you can not do H1B transfer.