L1 to h1 conversion

[dolly1234]

Me and my fiancee are working for same company A in l1b .My visa expires in june i-94 also expires on same day, how ever my employer applied extension for me. but i have to go to india in september for marriage .

do i need to apply h1b with different employer to come back after marriage?
Or stay with the same employer and expecting that l1b will get approved?

what is possibility of l1b visa get approved.? and my stamping get approved if i went back on vacation.

what if i apply h1b and go for vacation ? which is best option any suggestion please.

[raghvi]

When is your fiancee's/future husband's L1/I94 expiring? You cannot stay in US after June 2012 without having a pending extension. It is advisable to file L1 extension under premium processing and if denied to leave US before I-94 expiry.Assuming you never had an H1 earlier, you can ask current employer or new employer to apply for H1 in 2013 cap and go for stamping abroad, get new H1 stamping done and travel back on H1 after 01 Oct 2012. If you husband's L1 is valid at that time you can apply in L2 also, and enter US on L2 and work with present or new employer on EAD. This is my opinion do consult with experts too.

[dolly1234]

Correction

In my previous post i think the message was conveyed wrongly.

I am guy , my visa expires this June and my company has already applied l1b Extension for me. my fiancee has a valid visa till 2013 next year. So applying another h1b at this time is a good option or waiting for l1b extension to get approved? (my extension says that i can stay for 240 days until i recive my extension result)

[shervin143]

There is no such 240 day rule as long as consulate is concerned. Even though you are allowed to stay for 240 days after filing the extension based on the pending petition, it is never advisable. If the petition gets approved, then you are all good. However, if it gets denied, then your stay in U.S after the Ip94 expiry date is considered to be illegal stay. It is not worth taking that risk. You will end up answer YES to the question "Have you ever violated your status in U.S" every time you fill a visa or immigration petition.

Also, it is not advisable to leave the country of you file the H1B as a COS from L1, unless you are planning to file the petition for consular process and return back only after Oct 1st in H1B visa or L1 visa.

In my previous post i think the message was conveyed wrongly.

I am guy , my visa expires this June and my company has already applied l1b Extension for me. my fiancee has a valid visa till 2013 next year. So applying another h1b at this time is a good option or waiting for l1b extension to get approved? (my extension says that i can stay for 240 days until i recive my extension result)