L1(B) to H1(B) transfer

[psp0410]

I moved to the United States last year on a L1-B visa (stamped by the Indian consulate) sponsored by Company A. I am interested in getting this visa transferred to H1-B visa. Here are a few questions:

1. Is a transfer from L1-B (company A) to H1-B (company A) a change of status case or a fresh case?

2. If Company A files for my transfer from L1-B to H1-B, am I subjected to the cap limit?

3. If necessary, which is the best way I can transfer my L1-B (company A) to H1-B visa (company B) - will Company B have to file a fresh H1-B petition; will it be subject to cap limit?

Thank you.

[Attorney_23]

Ordinarilly, a foreign national in L1B status has not yet been counted against the H1B cap, and therefore is still subject to the cap. To change employers, the H1B employer would need to file a petition requesting a Change of Employer and Change of Status.

[barkhamehta99]

I moved to the United States last year on a L1-B visa (stamped by the Indian consulate) sponsored by Company A. I am interested in getting this visa transferred to H1-B visa. Here are a few questions:

1. Is a transfer from L1-B (company A) to H1-B (company A) a change of status case or a fresh case?

2. If Company A files for my transfer from L1-B to H1-B, am I subjected to the cap limit?

3. If necessary, which is the best way I can transfer my L1-B (company A) to H1-B visa (company B) - will Company B have to file a fresh H1-B petition; will it be subject to cap limit?

Thank you.

1. Change of Status while being in US, but again subject to annual cap

2. Yes.

3. Yes, I think you will have to quit Company A whihc will make your L1 null and then join company B under H1. I think you will have to go to India for stamping. Kind of tricky

This is not a legal advice. Consult immigration attorney.

[psp0410]

Thank you for your replies; Attorney_23 & barkhamehta99 - I do appreciate it!

[lakkivas]

If I am working on L1 visa for a Company A and H1b is approved from other company B in Jun or Jul 2012 for fresh quota which starts from April 2012, will status be changed from L1 to H1 by default? According to the information I had in this forum,one should not be eligible to work with new employer before Oct 2012 for first time H1.If L1 is void after H1 is approved and not eligible to work with new employer, how to stay in US between Jun to 1st Oct 2012?

What is the best approach?

Thanks in advance.

Lakshmi