H1 from L1

[amibaig]

My L1 is expiring in May2009 and I want to apply for H1 this year(2009).
I want to know couple of things. Please help.

1. Can I travel in March-2009, even if I am applying for H1 in April-2009????
2. I want to do Consular Processing? what are the advantages of it? My employer suggested to go for consular processing?
3.seeing current economic conditions, is it better to go back to India on L1 or apply for H1??? I am worried whether H1 will get approved or not???
4. My employer wants to file for H1 directly to INS( they have software in place), without the help of Lawyer. is it advisable to do that?
5. On an average what is the fee for filing H1??
6. Can spouses stay on different Visas(like husband on L1 and wife on H1)??????

appreciate your responses!
thanks

[hikes]

1) Yes you can travel and come back to the US till the date your L1 is valid.
Infact you have to leave before your L1 expires.
This means you need to file for your H1 before you leave.

2) You have to do counsular processing as you said that your L1 is getting over in May 09.
Counsular processing is always the best option.

3) The job situation is really bad. If you leave by May 09, you have to apply in US as the applications should reach the USCIS by 01 April 2009. If you go before that you may apply from your home country but has to be before 01 April

4) Not sure about it. As far as I know attorney is required. Do some research on it on the Internet.

5) Employer should not ask you to pay for H1. This is illegal. Read 100s of threads based on this issue.

6) Yes, provided the spouse is not dependent.

[amibaig]

thank you so much for response!

[wardy]

What is INS ?

[itzprams]

What is INS ?

Immigration and Naturalization Services

[txh1b]

Immigration and Naturalization Services

The old name for USCIS,CBP,DHS,BCIS etc etc all part of DHS now.