L1b to h1b COS with approved i140

My husband is on l1b and I am on l2b. My husband has his h1b picked up in the lottery 2020 and we had opted for consular processsing back then. If the consulates outside USA do not open by march 2022 we might have to switch to COS processing from l1b to h1b. (5th yr max of l1b march 2022). With an approved i140, will he get an i194 for 3 yrs from march 2022? (Or is it going to be only till h1b 6th yr max which is march 2023)?


Once your husband changes to H1B, any future extensions beyond 6 years of H1B term can be done based on approved I-140.

In continuation to the above,
Assuming that H1b COS amd h4 COS will be applied around march 2022. H1b COS will get approval quickly let’s say in 1 or 2 months if applied in premium. But H4 COS is taking very long as per current timelines.
If we have to renew h1b by october 2022, can we apply h4 extension with h4 COS still pending?

Why would you apply for extension just after only 6-7 months of COS?

Because the after we apply COS in march 2022, the h1b max out of 6 yrs will be around march 2023. So 6 months before that is october 2022. We would need to apply for extension then right?
That’s why was checking if they will give 3 yrs from march 2022 during COS itself.

May be I am confused but if you guys are doing change of status from L to H in March 2022, how will your H max out in 2023? 6 years term start the date you switch to H.

We started L1b visa in 2017. My husband’s H1b was selected in lottery in 2020 march. We opted for l1b consular as I was working on l2 ead and can work till 2022 march. Our plan is to go for stamping from l1 to h1/ l2 to h4 in march 2022. But the problem is, in case the consulates do not open by march 2022 we have to switch to COS by amending the consular application. This COS will be given for 1 yr i.e march 2023. Is my understanding right?
Or is there a way to get the validity for 3 yrs( with approved i140)?

As mentioned by @Kalpesh_Dalwadi , the max out is out of picture since you already have an approved i140.

You should get full H1B term of 3 years.

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Please confirm if my understanding is correct.
If the COS amendment is made, we are eligible for 3 yrs of i94 from march 2022 since max out does not make sense.

Hi, @anil_am22 already replied above.