Both on L1, upcoming layoffs

[whywhywhy]

Hello,
Both me and my husband working for the same company for a year, both on L1B visa, I-94 expires in jan 2011.
Our project is facing layoffs, what is the best option for us to proceed? Should I try and change my status to H1? If only one of us will find a position within the company, what is the best visa option for the other?
Thank you!

[txh1b]

H1 can be filed by April 1st but you still have to leave the country as the effective date for H1b will be Oct 1st and without your current status being valid, an extension of stay on H1 is not possible.

[whywhywhy]

H1 can be filed by April 1st but you still have to leave the country as the effective date for H1b will be Oct 1st and without your current status being valid, an extension of stay on H1 is not possible.

I'll have to leave even if my husband will continue to work on L1 in the same company (different position)?
In terms of future GC application - which visa is better to obtain (the current company isn't willing to start the process)?

[txh1b]

I'll have to leave even if my husband will continue to work on L1 in the same company (different position)?
In terms of future GC application - which visa is better to obtain (the current company isn't willing to start the process)?

That is not what you asked earlier. If both of you get laid off, you have no options. But if one of you is in status, the other could change over to dependent L2 visa by filing for a COS using I539 before you lose your L1 status.

H1 is better due to less restrictions on who you can work for.

[whywhywhy]

That is not what you asked earlier. If both of you get laid off, you have no options. But if one of you is in status, the other could change over to dependent L2 visa by filing for a COS using I539 before you lose your L1 status.

H1 is better due to less restrictions on who you can work for.

Thank you, txh1b!
Sorry I didn't explain myself well, it's just the situation is nor clear, we are not sure we will be layoff, when, and if one of us will be able to keep his job.

Just to verify I understood you correctly - the best option for me right now is to file for H1 status change before April 1-st, right? Or just sit and wait until the situation will be more clear? I don't want to miss the April 1 deadline (assuming it is already not too late...).

Thank you!

[txh1b]

You have to find an employer for H1b filing first and a job to go along. Tead the sticky on the H1b forum regarding 2010 filing.