Person working in US with L1B can go for H1-B under CAP exempt?

[prakash.rajendran]

Hi,

I am working for Company A with L1B VISA in US since April 2012 & my VISA expires by Jan 2013.

Is it possible for Company A to apply for H1B for me under CAP exempt as the quoto for 2012-2013 already over?

Thanks

[Attorney_10]

Generally, individuals applying for the H1B visa for the first time are subject to the numerical H1B quota, unless the employer is cap exempt. Such employers include universities, nonprofits affiliated with universities, and nonprofit research organizations, among others. Please schedule a consultation with a qualified immigration attorney to discuss the specific facts of your case and to determine whether your employer is cap exempt.