Help needed>>>>>H1 processing while L1-Blanket extension is in process

[MyDunwoody Freebies]

Me and my dependents L1-B visa/I94 are expiring in 31 Jan 2013. My company is planning to file an extension. Since there rejection rate is very high what should I follow to extend my stay here is US. Really need of information
1>If I plan to file for H1 do I need to file it as consular(fresh filing) or COS. Which is better based on my extension result assuming by the time the quota open my application would be in RFE.
2> Can I file H1-B (Consular and COS both )after my I94 has expired but the extension is still in process, say in RFE.
3> Will my H1-B approval result depend on my L1 B extension result if I file in COS and will not If I go through counsler(fresh)?
4> Can I only apply for H1B as counsler(Fresh application) only from my home country as my I94 will be expired by 1 April.
3> Will I have to leave country if extension gets denied and H1 is still in process.

[raghvi]

Me and my dependents L1-B visa/I94 are expiring in 31 Jan 2013. My company is planning to file an extension. Since there rejection rate is very high what should I follow to extend my stay here is US. Really need of information
1>If I plan to file for H1 do I need to file it as consular(fresh filing) or COS. Which is better based on my extension result assuming by the time the quota open my application would be in RFE.
2> Can I file H1-B (Consular and COS both )after my I94 has expired but the extension is still in process, say in RFE.
3> Will my H1-B approval result depend on my L1 B extension result if I file in COS and will not If I go through counsler(fresh)?
4> Can I only apply for H1B as counsler(Fresh application) only from my home country as my I94 will be expired by 1 April.
3> Will I have to leave country if extension gets denied and H1 is still in process.

If you didnt have an H1 approved in last 6 Years You can file H1 only in April 2013 and the start date cannot be earlier then 01-Oct-2013. With that said, you have to plan as to how you can remain work and legally stay in US in a valid status from 31st Jan 2013 till 01-Oct-2013. The only way that would be possible is if you get an approved L1 extension. Now,L1B is valid for 5 Years so if your 5 Years is completing in Jan 2013 an extension will not be possible, you can maybe capture some time if you have not spent the entire 5 Years in US.
L1 to H1B COS is filed while in US and if approved it comes with anew I-94, you will be able to file a COS only if you are in a valid status in US. In April 2013, when you file a COS you would have to submit proof of a valid status, if you dont have extension approved by that time with only L1 extension request receipt your H1B will most likely get approved as consular process in which case you can work on H1 only when you leave US get H1 stamped in home country (if first H1 and havent done master's in US) and re-enter US on the H1 visa .

1.Counselor processign is advised.
2. You can file only as COS or CP not both if one employer. You can file two H1s one COS with one employer and as CP with another employer.Asmentioned earlier the COS might get converted to CP if extension is not approved.
3. YES.
4. Read above answer. Home country H1 stamping required only if its first H1 and not doen Master's from US.
5.If your extension gets denied you would have to leave the country as you will be out of status from 31 Jan 2013 till the date of leaving US even if H1 is still in process.

Advisable to file L1 extension in premium in beginning of Jan 2013. If denied, leave US within a week or 10 days, file H1 from home country in April 2013, once H1 approved return to US 1 Week before H1 the start date mentioned in the petition.

This is my opinion not legal advice.

[MyDunwoody Freebies]

Thanks for your suggestions.
I have few more questions.

2> Can I file H1-B (Consular and COS both )after my I94 has expired but the extension is still in process, say in RFE.
When I asked the above question, I was referring to both the type of applications, I will apply only one but, just wanted to know if both can be applied while extension is in RFE. Also need information if both can be applied from here in US or counsler needs to be done from home country. I am also preferring to apply as counsler But I am not sure if I have to in India when my employer files for it or I can do it from here itself as I can stay here till I receive the extension result.

Ya this is my first H1 and I have not completed my complete 5 year tenure for L1. In case my L1 gets rejected and I go back india with H1 in process and come back after stamping .Willthe 6 six years of H1 starts from that day I return back or will my existing stay be also counted as my total out of US stay will not be complete 1 year if I am back in Oct 13.

[raghvi]

Thanks for your suggestions.
I have few more questions.

2> Can I file H1-B (Consular and COS both )after my I94 has expired but the extension is still in process, say in RFE.
When I asked the above question, I was referring to both the type of applications, I will apply only one but, just wanted to know if both can be applied while extension is in RFE. Also need information if both can be applied from here in US or counsler needs to be done from home country. I am also preferring to apply as counsler But I am not sure if I have to in India when my employer files for it or I can do it from here itself as I can stay here till I receive the extension result.

Ya this is my first H1 and I have not completed my complete 5 year tenure for L1. In case my L1 gets rejected and I go back india with H1 in process and come back after stamping .Willthe 6 six years of H1 starts from that day I return back or will my existing stay be also counted as my total out of US stay will not be complete 1 year if I am back in Oct 13.

1. A petition can be Change Of Status OR Counsellor Process, not both, while in US. Outside US it can only be CP as you dont have any status while outside US hence no COS.
2. H1 is for 6 Years . In case you process H1 in 2013 with start date of Oct 2013 you will be granted H1 for 6 minus the time already spent in US on L1. If you want a fresh 6 Years H1 you need to spend 1 full year outside US.

This is my opinion not legal advice.