L1B expiring in march 2014, I-94 upto Oct 2016

[adiks]

Hi, my L1B visa is expiring on march 22, 2014 but I have a valid I-94 upto Oct 2016. I have to travel to India in April 2014 though. Please suggest me the best option from below:

1. I should go back to India in April 2014 and apply for extension/fresh file L1 from there since i can't apply from here now (bcoz of I-94).
2. If I apply for H1 in March from here, can I file fresh L1B from India in April while my H1 is still in process?

[raghvi]

Hi, my L1B visa is expiring on march 22, 2014 but I have a valid I-94 upto Oct 2016. I have to travel to India in April 2014 though. Please suggest me the best option from below:

1. I should go back to India in April 2014 and apply for extension/fresh file L1 from there since i can't apply from here now (bcoz of I-94).
2. If I apply for H1 in March from here, can I file fresh L1B from India in April while my H1 is still in process?

1. There is no meaning of extension once you are out of US. You would have to schedule an interview at the Chennai consulate by filling DS160 online and attend the L1 interview. If approved, you would typically get valid L1 for 5 minus time already spent in US in current L1b.
2. H1 applications will be accepted only from 01-April-2014 onwards as you would leave post application, it will be applied as consular processing. Both the applications, H1 and L1 can process in parallel no issues.

This is my opinion not legal advice.