L1 to H1B conversion

[kumardp]

Hello there,

I have a L1B Visa till Mid DECEMBER 2014. I have stayed for 4 months back in 2012 and returned to India. I would like to understand if it is possible to convert my existing Visa to H1B.

1. Do I still have time to apply for the H1Q quota this year?
2. If I quit my current company does the new employer be able to do the L1 to H1B conversion in the middle of year.
3. Will this conversion be part of 65000 Cap each year.

Regards
Pavan

[raghvi]

Hello there,

I have a L1B Visa till Mid DECEMBER 2014. I have stayed for 4 months back in 2012 and returned to India. I would like to understand if it is possible to convert my existing Visa to H1B.

1. Do I still have time to apply for the H1Q quota this year?
2. If I quit my current company does the new employer be able to do the L1 to H1B conversion in the middle of year.
3. Will this conversion be part of 65000 Cap each year.

Regards
Pavan

Technically there is no conversion of visa. What one does in suhc a scenario is is file a H1 petition and Change Status from L1 to H1.

1. H1 cap will open only on 01-Apr-2014. So yes, if you can find a sponsor and an attorney who can submit all the paperwork by 01-Apr-2014 it is possible.
2. The new H1, if approved, will start only from 01-Oct-2014 or later so till that time you have to be working with L1 employer otherwise you would go out of status.
3. If you are cap counted, you need not be part of the cap for next 6 Years.

this is my opinion not legal advice.