L1 B extension and H1 filing at the same time...need advise

[prithviraaj]

Hi

I am in US 3rd time on L1 visa (6 months in 2011, 6.5 months in 2012 and from feb 2013 to till date). My visa is expiring on last week of Dec 2013.
My company will apply for L1 extension in US (company starts extension process at last moment only...for every L1B employee...so I suppose it will start in Dec 2013)
Now a days extension result is taking too much time (min 3-4 months). Few of my friends waiting sine march 2013 for L1 extension result.

I have below questions .....
1. If my extension got rejected suppose in April 2014, shall I be able to file for H1 in March 2014 from US itself ?
2. Is there any effect of L1 extension process on H1 filing.
3. My company travel dept. says that my wife and daughter cannot travel through Europe.
4. If my family wants to travel back to India they need to travel before Dec2013 only and they have to stay in India till my extension got approved, and then they will appear for L2 interview in India to come back to US again.
5. What is the best option: Shall I leave US before Dec 2013 without applying extension(this is what is I am thinking now) and apply for H1 from India, because I am thinking that L1 B extension surely be rejected considering the rejection rate these days.

Thanks
pr2695

[raghvi]

Hi

I am in US 3rd time on L1 visa (6 months in 2011, 6.5 months in 2012 and from feb 2013 to till date). My visa is expiring on last week of Dec 2013.
My company will apply for L1 extension in US (company starts extension process at last moment only...for every L1B employee...so I suppose it will start in Dec 2013)
Now a days extension result is taking too much time (min 3-4 months). Few of my friends waiting sine march 2013 for L1 extension result.

I have below questions .....
1. If my extension got rejected suppose in April 2014, shall I be able to file for H1 in March 2014 from US itself ?
2. Is there any effect of L1 extension process on H1 filing.
3. My company travel dept. says that my wife and daughter cannot travel through Europe.
4. If my family wants to travel back to India they need to travel before Dec2013 only and they have to stay in India till my extension got approved, and then they will appear for L2 interview in India to come back to US again.
5. What is the best option: Shall I leave US before Dec 2013 without applying extension(this is what is I am thinking now) and apply for H1 from India, because I am thinking that L1 B extension surely be rejected considering the rejection rate these days.

Thanks
pr2695

Assuming your I-94 is also expiring Dec 2013:

1. As per current rules H1 aplication acceptance starts only on 01-April of the year, if it is a working day, so you can apply only on 01-April-2014. But remember the H1 stat date can only be 01-Oct-2014 or later , so if your L1 extension is rejected you will anyhow have to leave US immediately. Then subsequently once your H1 is approved, you and yoru dependents will go for H1 and H4 stamping and if approved you can enter US on H1 around 01-Oct-2014.
2. No they are different and not related.
3. Some transit countries do require a valid US visa/transit visa, check with the respective airlines.
4. Not necessarily, they can also file L2 along with your L1 extension request and stay till decision comes or 240 Days whiever is earlier. But Yes as their visa is expiring Dec 2013 in order to return after Dec 2013 either your L1 extension has to be approved, and they get new L2 visa stamped or they come back on H4 if H1 is approved as per point 1 above.
5. Its not that all L1 extension cases are beign rejected. The choice you have to make is whether you want to stay in US from Dec 2013 till the time a decision comes, without having any valid proof of stay. After Dec 2013 you have to face the uncertainity that you can get a rejection notice anytime and if rejected would have to leave immediately. Also, from a personal point since you dont have a valid I-94 you may not be able to renew drivers license, would have to go to month to month contract on your apartment rental, electricity, phone etc as there is always uncertainity.
OR
You leave around Dec 2013 and can return only after getting a new L1 or H1 stamping done. As mentioned H1 start date can only be 01-Oct-2014. If you are successful in getting a new L1 visa you may be able to return earlier, but as with extension new L1s are also not easily being granted.

If possible ask the employer to file extension request in premium so that you get a decision within 15 days. But if the employer is filing extension request so late I doubt they will pay extra to do a premium processing.

This is my opinion not legal advice.

[prithviraaj]

Yes I-94 expiring on same date...

Yes I-94 expiring on same date...so I suppose that going back to India in Dec without applying for extension will be the better option
Anyway the problems related to drivers license, month to month lease will be there.
But my company surely will ask me to apply for extension and it will be in normal process so in that case I need to stay here after I-94 expiry for another 3-4 months i.e. till april 2014 till my L1 extension result is out.

Again thank you so much for quick response !!