Gap between L1 expiration and H1B activation

[sujsubra]

Hi

I am on L1B visa which expires on 25Aug2013. My wife will start working sometime this month on L2-EAD. My employer is ready to sponsor my H1.

But I want to delay my H1 as much as possible since my wife will move to h4 from Oct 1 2012 if apply this year. If I apply for H1 next year then there there will be a gap of 1 month and 6 days between my L1 expiration and H1 activation. To avoid any problems, what should I do -

1. Apply H1 this year itself
2. Talk to my employer and then I go back to India on Aug 25 2013 and come and re-join in Oct 2013?
3. Apply for a L1 extension to fill the gap and then continue on H1 from Oct 1st (Hoping that 1 month extension wont be rejected)

Thanks
Sujay

[shervin143]

The changes of you getting an H1B this year is little as the CAP is getting fileld soon. Even if your employer starts the process today it will take take more than 2 weeks to actually file the H1B as LCA itself will take 10 days to get approved. And then there is the documents to prepare. Options 2 and 3 will work. If you choose option 3, then the L1 extension need to be filed first before you can file the H1B petition. H1B should be filed based on the approved or pending L1 extension to cover the gap until Oct 1st.

[sujsubra]

Thanks for the reply.
Can I recapture my dates in this scenario to fill the gap?
I have spent close to 16 weeks in India after I started working on L1 here.

Thanks,
Sujay

[shervin143]

Possible.