H1B/L1B visa questions - Urgent , please see.

[Hemanth1978]

Came to USA for company ABC on L1 on 21-Feb-2008.

Visa valid till : 21-Feb -2014

Petition valid till : 21- Feb -2014

I-94 valid till : 21- Feb -2014

5 yrs completion on L1 : Apr 2013

Vacation period : all together 2 months till date

Missed H1b quota for this year (2013) , planning to apply h1 in April 2014.

1. Now my company would want me to leave USA in Apr 2013 due to my 5 yrs stay already in L1 but I would like to avoid that so planning to leave USA on Jul 2012 and come back on Dec 2012 so I will have my L1 validity for another 6 months so now my L1 max stay completion would be Oct 2013 (apr 2013 + 6 months stayed out) . Correct?

So I can come back to USA on Jan 2013 and still stay in L1 visa till Oct 2013, am i right in saying so?

Is there anything we need to claim this gap or we can just assume the gap and add it to our stay? I will have to confirm with my employers too but wanted to know if there is any problem visa wise.

My spouse has only visa valid till Jan 2013 in his L2 visa , after I come from India can I extend his I94 card depending on my I94 card validity? If not what options do I have to extend his L2 or change his I94 date to align with mine?

2. If my above assumptions and calculations are right(pls let me know if anything wrong), will I be able to apply for my H1 thru diff company say XYZ on Apr 2013 and join on Oct 2013? If so will my H1 be valid till Oct 2014?

If they apply for my GC on Nov 2013 is it possible to get thru Perm and get another year H1 extension after Oct 2014 or is it too risky?

If my perm wasn't approved until Oct 2014 can i go to India for a month (as per my above calculation my 365 days will be complete by nov 2014) and H1 extension done there after 365 days completion of Perm application(in Nov 2014 ).

What are my other options to avoid going to India? I have a very bad personal situation and I can't imagine being there for 1 year :(

3. Is there any consultancy who can apply for green card and H1b at the same time? Anyone legitimate and trust worthy you know. Please let me know.

4. At the worst case of stranded in India for a complete year, please tell me if I leave USA on Oct 2012 and then apply for H1 in Apr 2013 ,come back to USA on Oct or Nov 2013, is it considered 1 year out of USA and I will get a fresh H1 with 6 yrs validity?

Any advice/options which avoids India trip is highly appreciated. Please respond to qns one by one if possible,will be grateful forever :)

[pontevecchio]

I would strongly urge you to discuss your matter with say the firm of Murthy. I would add that to get a new 6 year term in total in H1 status you can only have your H1 petition filed after you have been out for one year.