L1 to H1 when L1 expired but I-94 valid

[grvshr]

I am currently working in USA on L1 visa which expired in Oct '2011 but my I-94 is valid till Dec '2013. So now to get H1 visa, do I need to get a new H1 sponsorship or my existing L1 (expired but with valid I-94) can be transfered to H1B?
Thanks
Gaurav

[shervin143]

There is no such thing as L1 to H1B transfer. You need to find an employer who can sponsor you H1B. If this is your first H1B petition, then it has to be filed when the CAP remains open (The CAP for 2013 is currently open). In that case, if the H1B is filed as a COS from L1, the H1B effective date will be on or after Oct 1st 2012. You should be working for the L1 employer and get paid to maintain the L1 status until the H1B COS becomes effective. Once the H1B becomes effective, you should be working for the H1B sponsor and any employment with the L1 employer after that date will be considered as illegal employment and will also put you out of sttaus on H1B.