L1B to H1B Transfer

[S2011]

Hello

I am in US for with an L1B Visa.

Recently i attended an interview and company informed that 2011 Quota for H1 is over and I might have to wait till April 2012 to do my transfer of L1 to H1.

I have below Questions with respect to my L1 transfer

1) Is there any number or quota per year to do an L1 to H1 transfer for MNCs?

2) Would like to know what they have informed is correct or not ?

3) Do I need to wait till April 2012 to get my VISA transferred?

Please let me know

Avi

[JoeF]

There is no L1 to H1 transfer.

An employer would have to file an H1 just like for every other H1 employee.

The H1 quota for this fiscal year is full.

The employer can file an H1 on April 1 for a start date of Oct. 1, the beginning of the new fiscal year.

[Attorney_23]

There is no cap specific to transfers from L1 to H1B status. Rather, there is an annual cap for the number of foreign nationals granted H1B status, regardless of whether it is filed as a change of status or a straight petition.

Also, I suspect your proposed employer is planning on filing your H1B petition in April 2012 with a start date of October 2012. However, you need to check with them directly to verify this information.