H1 COS approved but want to stick with L1

[avnraju]

Hi All, Please help me with my case...

I am currently on L1 from CompanyA. CompanyB filed my H1B COS for me and L2 to H4 for my wife and kid and the H1B COS and H4 are approved effective from 1 oct 2013. Now i just want to stick with my L1. I came to know about Leap Frogging which is if i go out of USA and come back on my L1 then the COS will void. the real issue is my wife and kid will not return until january 2014 if we travel before october 2013. My doubts are...

1) what will be their status (L2 or H4) when they come back in january 2014. my status will be L1 since i will come back on my L1?

2) my L1 visa is expiring in June 2014. if my employer ready to file for extention how i can apply for my wife and kid?

Please suggest.

[sk.january]

1. Your wife and kid will be on L2 when they come back in Jan 2014. They don't have H4 visas, and as they will use their L2 visa's they should be fine.

2. If you can, it is better to wait until your wife and kid return and use their new I-94's while filing your L1 extension in 2014 to get an extension of their status also.

If you have to file earlier, their extension of status cannot be included in your extension filing. So you may have to file their extension of status (I-539) after they arrive.

[pontevecchio]

They need to return with a L2 visa.

[0407]

AFAIK, if you leave the country after H1B COS is approved but before it is effective (which is Oct 1)

and return before it is effective, it will be effective on Oct 1. Meaning if you leave country in June

and return in July on L1 visa, you will still be on H1 on Oct1. Please double check.