L1 MaxOut - H1 having valid L1 for next two years

[tejonadh]

Hi,

Some Details of my situation:
Entered US(with L1B Individual) on May 2007.
Exited US on Jan 2009.
Entered US on Jun 2009.

On Sep 2009, went to Toronto(Canada) and got New L1B Blanket stamped. The new Visa was valid for FIVE years till Sep 2014.
Currently, I have I-94 till Apr 2014.

L1B Maxout date(5 years of US stay) will complete on Jan 2013.(Calculating the date from 2007).

My Questions:
1. Is it mandatory for me to convert to H1 this year based on max out date of L1B?
2. Or I can convert to H1 next year since I have valid L1B untll 2014?
3. Did the US consulate made a mistake(or a typo or something) to give FIVE years of valid L1B visa?

I don't want to convert from L1 to H1 unless mandatory. This is because my wife is in L2 and looking for a job.

Thanks in advance for any help.

[shervin143]

1. Is it mandatory for me to convert to H1 this year based on max out date of L1B?
>>> Yes.

2. Or I can convert to H1 next year since I have valid L1B untll 2014?
>>> You cannot. It is your responsibility to follow the immigration regulations. The I-94 that you have received is a mistake. If you overstay beyond 5 years on L1, it can cause issues later.

3. Did the US consulate made a mistake(or a typo or something) to give FIVE years of valid L1B visa?
>>> Yes. There are cases similar to yours. The responsibility of following the L1 rules and regulations is on the individual.

I don't want to convert from L1 to H1 unless mandatory. This is because my wife is in L2 and looking for a job.
>>> You have no other option.

[tejonadh]

Thanks Shervin for your response.