L1B to H1B Conversion

[moonguy]

I currently have a L1B visa (valid till Aug 2016) with Company A. I came back to India in Aug 2014 as my project got over ( I went to US in Dec 2013). I am now working in the India branch of Company A.

I am exploring the option if I can convert my L1B visa to H1B.

My query is: If I find a company, who is ready to apply L1B - H1B COS, can I get it done this year or should I wait till next year. And also will it have to go through the lottery system (if applying next year).

[raghvi]

I currently have a L1B visa (valid till Aug 2016) with Company A. I came back to India in Aug 2014 as my project got over ( I went to US in Dec 2013). I am now working in the India branch of Company A.

I am exploring the option if I can convert my L1B visa to H1B.

My query is: If I find a company, who is ready to apply L1B - H1B COS, can I get it done this year or should I wait till next year. And also will it have to go through the lottery system (if applying next year).

First of all, L1 and H1 are not "inter convertible" visas, one cannot get a L1 visa converted into a H1 visa. Secondly a COS can only be applied if you are already in US.

For you to get a H1 visa, you would have to find an employer willing to file your petition in next year's cap, and yes, if there is lottery, you would have to go through it. You already having an L1 visa does not provide an escape from this. Once this petition is approved, you would have to go for H1 visa interview and if stamped successfully, your L1 would be marked cancelled, and you can use your H1 to enter and work for the H1 employer. The earliest your H1 employer can file your petition is April 2015, and the earliest you can start on H1 would be Oct 2015.

This is my opinion not legal advice.