H1-B Approved but status not converted.

[Hitan]

Hi,

I am on L1-B visa with I-94 valid till Aug 2015.

I applied for H1-B this year but while my visa application was in progress i went to my home country for 2 weeks (exited US), so what happened was that instead of me getting h1-B visa, I only got the H1-B approved for (Oct 1st' 2012 to Sep 30th' 2013) but my status still remained L1-B. The approval notice stated that i will have to go back to my home country and get the visa converted from there.
(I think there is a law which says that while your H1-B is in progress, you should remain in the country, which i didnot know)

Now the problem is that I did not go to my home country yet and would not be able to go in future because otherwise my wife who is working on L2-EAD will get converted to H-4 and she will have to quit job.

Her employer will apply for her H-1 in 2013 session and I also want to apply for a fresh H1-B so that we both don't have to go to the home country and we both get h1-B.

My questions are:
1) Is it advisable to do that?
2) Which category should i apply my H1 this time, non-cap or cap (as my application was already granted from 2012 cap.)
3) What is the other option for both of us to keep our jobs and get converted to H1?

Thanks

[kabkaba]

If you are working for the same employer, all your employer will have to do is file petition amendment to change your status. The requested change of status date should be after the day your wife's status changes.

[Hitan]

Hi,

Thanks for the quick reply. My H1B was only approved for one year, so you are saying that first my company applies for H1B amendment and then file H1B extension ?

I think that will take too long and by that time i will be out of status ?

Thanks

[kabkaba]

In that case, they can just file a cap-exempt petition with change of status effective on Oct 1.

[Hitan]

For "cap-exempt petition" will I have to bear the full cost (like for fresh H1B) or it will be same as extension?

Thanks

[kabkaba]

Employer should always pay the petition filing fees.

[Hitan]

Employer should always pay the petition filing fees.

Thank you.

If client does not provide the client letter what else can be submitted with the application as proof. There is one more consultant in between.

So the hierarchy is My Actual Employer -> Another consulting company -> End Client Company

What all i need to put a strong application?