Change of status L1 To H1B

[eridane]

I am working under an L1 visa with employer A. I found a job with employer B who is willing to sponsor me for an H1B visa. I do not understand the time frame and cap issues for applying to the labor department.

Does employer B has to file for Labor Condition Application and is he limited by the cap of the fiscal year?

if I change employement and employer B files for LCA do I loose my status?

Please help me I am very confuse with this legal issues and I don't know if I can take the job offer.

[shervin143]

LCA has got nothing to with the H1B CAP. The H1B petition cannot be filed without a valid approved LCA. If you did not have any H1B petitions approved in the past or you had an H1B petition but used all 6 years in that CAP, then you have to file the H1B under the new CAP. The CAP is wide open and it is not expected to be full anytime soon.

Just filing the H1B will not change your status. If the H1B is filed as a COS from L1, then upon approval, your status will change to H1B as of the effective date mentioned in the approved petition (For a new CAP, it will be on or after Oct 1st). Once the status changes to H1B, you are no longer allowed to work for the L1 employer.

However, if the H1B is filed as a consular process, then your status will not automatically change to H1B. Whenever you are ready to work for the H1B employer, you have to leave the country, get the H1B stamped and return back in H1B visa.