L1 B expiring in Oct'2011 appplying H1

[rajabkp]

Hi,

Here is the sumy of my current situation
I'm in US in L1 Visa from India,in 2 yrs extension period which is getting expired on 19th Oct'2011.My total stay in US in L1 would be 2.8 yrs before it gets expire on 19th Oct'2011.
I have got approval from my manager (same employer) to apply H1 Visa in 2011,but our immigration helpdesk is insisting me to extend my L1 visa and when it is extended then apply for H1,giving the reason that there is a risk to get H1 approval before my L1 expiration.
But I doublt if my employer extends my L1 visa once thereafter they will not apply my H1 again.
I'm interested to apply for H1 in April'2011.

If I apply H1 in April,when can I expect the approval,if I don't get the H1 approval before my L1 expiration date 19th Oct'2011,what are the options or risks?? Please suggest..

Thanks in Advance--
Rajabkpmar

[anna1234]

They can do a COS from L1 to H1 and the effective date will be Oct 1st 2011. So you will automatically change to H1 effective from Oct 1st. Since you will be working for the same company I do not see any risk. Tell them to apply when the cap open so you will come to know whether it will work or not by atleast 3-4 months if not you will have time to apply for L1 ext ...