Query regarding soon to expire L1B visa

[alidanish]

Here are my and my husband's Visa and I -94 dates

My details:
L1B Visa expires on 27 June 2013
I-94 Expires on 27 June 2013

My husband's details
L2 Expires on 27 June 2013
EAD expires on 27 June 2013
I-94 expires on 5 May 2015

Both of our employers are filing our H1B petitions in April 2013. I am 6 weeks pregnant now and would be 6 months pregnant at the time of expiry of L1B. My employer wants me to leave the country from June 27 to Oct 01 (until H1-B becomes effective). I would like to know what are our options for:
1. Staying legally and being able to work with/without filing L1-B extension (as my employer is reluctant to do so).
2. If I get my I-94 date extended, can we also apply for my husband's EAD extension ?

Any advice in this regard would be highly appreciated.

Thanks in advance.

[raghvi]

Here are my and my husband's Visa and I -94 dates

My details:
L1B Visa expires on 27 June 2013
I-94 Expires on 27 June 2013

My husband's details
L2 Expires on 27 June 2013
EAD expires on 27 June 2013
I-94 expires on 5 May 2015

Both of our employers are filing our H1B petitions in April 2013. I am 6 weeks pregnant now and would be 6 months pregnant at the time of expiry of L1B. My employer wants me to leave the country from June 27 to Oct 01 (until H1-B becomes effective). I would like to know what are our options for:
1. Staying legally and being able to work with/without filing L1-B extension (as my employer is reluctant to do so).
2. If I get my I-94 date extended, can we also apply for my husband's EAD extension ?

Any advice in this regard would be highly appreciated.

Thanks in advance.

How will you extend your I-94? If your employer isnt willing to file the L1 extension then am afraid you dont have any option to stay beyond 27 June 2013. And since you have to leave so would your husband.

This is my opinion not legal advice.

[alidanish]

How will you extend your I-94? If your employer isnt willing to file the L1 extension then am afraid you dont have any option to stay beyond 27 June 2013. And since you have to leave so would your husband.

This is my opinion not legal advice.

What are the possible options which I can ask my employer to do?

[raghvi]

What are the possible options which I can ask my employer to do?

If you want to legally stay in US and be in valid status from 27th June till H1 start date (provided H1 as COS gets approved) then first thing that the employer has to do is to file your L1 - I94 extension request by filing I539 and I129 . I dont think your spouse requires an extension as his I-94 is valid till 2015.

Merely apply for extension request doesnt guarantee extension approval. Few things can happen, the L1B extension request is filed by your employer under normal mode, if it gets approved then you are good, if it gets denied then unfortunately you have to leave US , now this process can take anywhere from a month to 5-6 Months depending upon if there are and the nature of RFEs. If extension process goes beyond your I-94 expiry and later gets denied then you are out of status beyond your I-94 .

If you apply L1 extension request under premium and respond to RFEs, if any, in quick time a decision can be made within a Month or so. Again , if approved you are good to stay but if denied you have to leave US before your I-94 expiry in order to avoid out of status period. Employers are reluctant to take this route because its costly due to additional premium processing charges with no guarantee of approval.

In either case without getting a successful L1 extension approval you will not be in status from 27th June 2013 till H1 Start date (provided H1 gets approved)

There is always the option of both of you leaving US before your I-94 expiry and getting H1 stamped outside US and return on H1 on or after 01-Oct-2013

This is my opinion not legal advice.