Applying H-1 while on L-1

[mchguy]

Hello all

I am on L1-B Individual visa (on approved extension petition valid till May 2012 and I haven't traveled out of the country for my visa extension stamping yet).
I have also filed 140 under EB-3.

My max out date is 3 Oct 2012 and my company is planning to apply for an H1-B for me this year. If I apply for H-1 this year, can I go out of the country on a vacation well before October 1, 2011 (H-1 effective date)? If I go, what are the chances of my L1 - extension stamping being rejected (having filed an H-1 and provided it is approved/pending approval)?

(Or) Can I apply for H-1 in April of 2012 considering the fact that my max out is 10/3/2012 (I am assuming that the max out date means I would still remain on a valid visa status; also I might take a vacation of about 20 days out of this country this year that would push the max out date to 10/23/2012)? This would help me go on vacation out for the country with the worry of just L-1 Stamping. But will this idea pose a risk if I don't get my H-1 approved in 2012? If it gets rejected, can I file again and again?

Which one seems a better idea from the immigration standpoint?

Kindly help me out. Thanks a lot in advance

[kabkaba]

If your company files H1 petition with change of status it is not a good idea to travel until a decision is received on that petition.

If petition is filed between Apr 1 and Oct 1, 2011 and even after decision is received I would advise against traveling. In that case, returning after Oct 1 with an H1 Visa is advisable.

If your company is willing, they can file the H1 petition right now requesting immediate start date since the 2010-11 cap is still open. If there is no difference in your job responsibilities and pay etc., you will be unaffected but free to travel anytime. Also, time spent in both L1 and H1 statuses is counted against the 6 year limit.

[mchguy]

Thank you

Thanks you kabkaba.