L1B Individual Extension and H1B

[Venkata Ganji]

Hello
My employer applied for L1B and H1B in 2012. I got approval for L1B first so came to US on L1B. My L1B is going to expire in couple of months. I have H1B validaty till next year. My employer is ready to do both L1B extension or COS on H1B(suggesting goto home country for stamping).

As my spouse is working on L2 EAD, I am more interested to apply for L1B extension.

So here are my queries, please help me.
1. If I need to convert to H1B , do I need to go out of USA for stamping now? or simply we can apply for COS.
2. If I apply for L1B extension, for some reason , if it is rejected, what are the options. still can I apply for COS or goto home country for H1B stamping? Any impact on H1B stamping if the L1B extension rejected?

Please suggest me the best option

Thanks

[raghvi]

Hello
My employer applied for L1B and H1B in 2012. I got approval for L1B first so came to US on L1B. My L1B is going to expire in couple of months. I have H1B validaty till next year. My employer is ready to do both L1B extension or COS on H1B(suggesting goto home country for stamping).

As my spouse is working on L2 EAD, I am more interested to apply for L1B extension.

So here are my queries, please help me.
1. If I need to convert to H1B , do I need to go out of USA for stamping now? or simply we can apply for COS.
2. If I apply for L1B extension, for some reason , if it is rejected, what are the options. still can I apply for COS or goto home country for H1B stamping? Any impact on H1B stamping if the L1B extension rejected?

Please suggest me the best option

Thanks

1. A COS can be done from within US. Also file a L2 to H4 COS for your spouse too if you wan to do so. But yes, you would move to H1 only after COS approval with a new I-94.
2. When is your I-94 expiring? In case of L1 ext denial and I-94 expiry, you cannot apply COS to H1, you would have to leave US and return after getting H1 stamped. Dont see any risk on H1 stamping as long as job/client proof is there.

This is my opinion not legal advice.