L1 to h1b consular processsing

I need some suggestions for this situation.
I am on L2 and my husband is on L1b. His h1b application got selected in the lottery 2020 and the petition got approved. It is approved till april 2023.
We have opted for L1b to h1b consular processing. Our stamping is pending in March 2022(l1 expires around that time). Green card processing is happening in parallel and i-140 may get approved by Jan 2022. But since we do not have much time, before consular stamping we might not be able to amend the approved h1b petition.(for i140 apprival to be considered to make it valid till 2025).
Is there anything we can do immediately after the l1b to h1b consular stamping in march 2022? Can we amend h1b or apply for h1b amendment immediately after stamping to get a 3 yr validity? Or do we have to wait for the usual h1b extension(6 months before expiry of i94 i.e april 2023)?
A longer validity of i94 would help h4 ead.


Curious to know any specific reason why you opted for consular processing instead of a COS when there is a pandemic and travel uncertainties?

Once your H1B is stamped and activated, you will need to wait for H1B EOS which can be applied within 180 days of expiry. You will need to apply for H4/EAD EOS along with H1B EOS.

I am working on l2 ead. I have my ead till march 2022. Probably if consulates still dont open up by then, then they will amend to COS I believe. Is my understanding correct?


Yes you can apply for amendment after 1st October from consular to change of status.

Thanks. If at all consulates do not open by march 2022 and we go fo COS in feb 2022, are we allowed to travel outside the country in jan 2022 for 2 weeks? Can we come back and then apply for COS amendment?

You can travel anywhere anytime. You need a valid visa and the work status to enter back to the US.

This should be fine but you must discuss all the timelines with your employer and their immigration attorney and follow their guidance.