Can I apply for H1 while need to apply for L1B extension in near future

[ramksharma]

Hello,

My L1 is expired and currently I am on i-94 which is valid till end of July 2012. I will going for L1 renewal after that.

My question is, if I apply for H1 now in 2012 CAP and if it approves, can I go for L1 renewal as well. As H1 will be effective from Oct 1st only.

Also, to renew L1B, do I need to travel out of country or I can file renewal from US as well.

Thanks for the help !

[shervin143]

My L1 is expired and currently I am on i-94 which is valid till end of July 2012. I will going for L1 renewal after that.
>>> Your L1 should be renewed before it gets expired not after the expiry date. It can be renewed 6 months prior to the L1 I-94 expiry date.

My question is, if I apply for H1 now in 2012 CAP and if it approves, can I go for L1 renewal as well. As H1 will be effective from Oct 1st only.
>>> In order to get the H1B approved as a COS, first of all you need to file the L1 extension (since it expires before Oct 1st) and based on the L1 extension, you should file the H1B as a COS (That is, if you don't want to go out of U.S to get the H1B stamped to work in H1B status), otherwise your H1B will get approved for consular process. And it is not advisable to file both L1 renewal and H1B COS at the same time. Search and read abouyt the last action rule.

Also, to renew L1B, do I need to travel out of country or I can file renewal from US as well.
>>> You can file the renewal from U.S before your I-94 expires. The application should reach USCIS before the current I-94 expiry date.