L1B Extension and H1B Consular processing

[lingaa]

Hello Experts,

This is my current situation: My 3 years on L1B ends on Jul 25, 2015 (both visa and I94). My company (same L1B company) shall apply H1B for consular processing on Apr 01. In order to keep me in the US in the period between Jul 25 and Oct 01, my company is planning to apply L1B extension.
Both H1B and L1B ext will be filed as normal processing.

And, I have the below questions. Please advice.

1) If my H1B petition is approved before a decision is taken on L1B ext, can I continue working working in the US after Oct 01 using the L1B ext application?
2) In the above case, how long is my H1B petition will be valid? In other words, how much time I have for continuing under L1?
3) Can I get my H1B visa stamped (outside the US) any time during the H1B petition validity period?
4) If my H1B petition is approved, and then L1B ext is approved on a later date, can I leave US on Sep 30 and get my H1B stamped outside US, and come back in Oct on H1B? Or, Will 'last action rule' apply here, making H1B invalid?
5) In the above case, if L1B becomes the current status per 'last action rule', and if H1B is intended, could it be applied as COS cap exempt (as petition was approved earlier) or as a fresh H1B petition subject to cap?

[lingaa]

Experts, please advice.

[raghvi]

Hello Experts,

This is my current situation: My 3 years on L1B ends on Jul 25, 2015 (both visa and I94). My company (same L1B company) shall apply H1B for consular processing on Apr 01. In order to keep me in the US in the period between Jul 25 and Oct 01, my company is planning to apply L1B extension.
Both H1B and L1B ext will be filed as normal processing.

And, I have the below questions. Please advice.

1) If my H1B petition is approved before a decision is taken on L1B ext, can I continue working working in the US after Oct 01 using the L1B ext application?
2) In the above case, how long is my H1B petition will be valid? In other words, how much time I have for continuing under L1?
3) Can I get my H1B visa stamped (outside the US) any time during the H1B petition validity period?
4) If my H1B petition is approved, and then L1B ext is approved on a later date, can I leave US on Sep 30 and get my H1B stamped outside US, and come back in Oct on H1B? Or, Will 'last action rule' apply here, making H1B invalid?
5) In the above case, if L1B becomes the current status per 'last action rule', and if H1B is intended, could it be applied as COS cap exempt (as petition was approved earlier) or as a fresh H1B petition subject to cap?

1. Yes but if L1 extension is rejected you have to leave US even if H1 has been approved.
2. You may not get full 3 Years even if requested.
3. Yes. But as it will be effective only after 01-Oct-2014, the earliest you can go for H1 stamping is around Aug-1st Week and earliest you can enter on H1 is 20-Sep-2015.
4. Would suggest you write to USCIS withdrawing L1 extension request and leave.
5. H1 if approved can be applied as COS and would eb cap exempt.

This is my opinion not legal advice.