Urgent Please Help we have only 2 days left to decide ...

[Sweety07]

My Husband is on L1B with Company A and he had valid visa stamped till Jun 2013 . Company B has applied H1B with COS in 2013 cap and got approved and effective date is from Oct 1st. For some unavoidable resons we want to continue on L1 for 2 more months like Oct, Nov and dec and later on we want to change to H1B with company B (Who sponsered the H1). Is there any way?

We were serarching over the forums and found out this solution but there are few questions and not sure it is legal or not :

Going out of country before sep 30 and return after oct 2nd on Valid L1 Visa .
If this can be done do we need to handover both the I-94 (L1B and H1B COS) before leaving the country at airport or just L1B I-94 is enough ?
What to do when we want to work on H1B after 3 months ?
Do we need to wait for next year cap or can we just ammend the COS ?
If we can ammend the COS then how long it will take for approval?
Any Chances of rejection at that point?
How much does it cost ?
Please advice us as we have only 2 days to take the decision . Appreciate for the help !!


Thanks,
Sweety.

[kabkaba]

My Husband is on L1B with Company A and he had valid visa stamped till Jun 2013 . Company B has applied H1B with COS in 2013 cap and got approved and effective date is from Oct 1st. For some unavoidable resons we want to continue on L1 for 2 more months like Oct, Nov and dec and later on we want to change to H1B with company B (Who sponsered the H1). Is there any way?

We were serarching over the forums and found out this solution but there are few questions and not sure it is legal or not :

Going out of country before sep 30 and return after oct 2nd on Valid L1 Visa .
If this can be done do we need to handover both the I-94 (L1B and H1B COS) before leaving the country at airport or just L1B I-94 is enough ?
--- Either is fine
What to do when we want to work on H1B after 3 months ?
--- H1 employer will have to file amended petition and you can join them after approval. Alternatively, you can travel again, obtain H1 Visa and return.
Do we need to wait for next year cap or can we just ammend the COS ?
--- Cap has nothing to do with for the next 6 years.
If we can ammend the COS then how long it will take for approval?
--- Possibly 2-3 months.
Any Chances of rejection at that point?
--- Possible
How much does it cost ?
--- Not your problem, it is borne by your employer.
Please advice us as we have only 2 days to take the decision . Appreciate for the help !!


Thanks,
Sweety.

See above.

[Faltooguy]

So what did you decide? Which approach ?

[Sweety07]

Thanks kabkaba for your answers , It helped us a lot.

Fatloogy,

We are planning to go out of country and come back on L1 Visa.


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Sweety