L1 to H1 conversion

[giackyt]

Good morning, I hope you are well

I have searched for answers to the below questions in other threads and could not find them. In case I missed them, apologies for reposting the same question twice.

SITUATION: I am on an L1B visa that will expire in 2018. For personal reasons, I am looking to change employers. Unfortunately, due to the H1 cycle, I am unable to do so until October 2016 (assuming a new employer would agree to sponsor my H1 visa).

QUESTIONS:
1. Does the typical April/ October cycle apply to L1 to H1 visa conversions as well, or is it only for those that have no visa at all?
2. Would it be any different if my current employer were to request this conversion (rather than a new employer)?
3. Do I need to have an employer to switch from L1 to H1, or could I apply for the conversion myself?
4. Are there any specific advantages for an employer to have me on an H1 rather than an L1 visa?
5. Is it easier to get a green card when on an L1 or H1 visa?

Thank you in advance for your kind help.
Kind regards,
G.

[raghvi]

Good morning, I hope you are well

I have searched for answers to the below questions in other threads and could not find them. In case I missed them, apologies for reposting the same question twice.

SITUATION: I am on an L1B visa that will expire in 2018. For personal reasons, I am looking to change employers. Unfortunately, due to the H1 cycle, I am unable to do so until October 2016 (assuming a new employer would agree to sponsor my H1 visa).

QUESTIONS:
1. Does the typical April/ October cycle apply to L1 to H1 visa conversions as well, or is it only for those that have no visa at all?
2. Would it be any different if my current employer were to request this conversion (rather than a new employer)?
3. Do I need to have an employer to switch from L1 to H1, or could I apply for the conversion myself?
4. Are there any specific advantages for an employer to have me on an H1 rather than an L1 visa?
5. Is it easier to get a green card when on an L1 or H1 visa?

Thank you in advance for your kind help.
Kind regards,
G.

1. It applies to all freshly files cap subject H1 petitions. Cap opens 01-April of each year for petition start date of 01-Oct of that Year.
2. No its the same.
3. Both L1 and H1 would need an employer. Its a petition to USCIS stating that we have a need to get a person to get to US to work on particular specialty occupation. You cannot apply on your own.
4. The L1 employer may be at a disadvantage as on L1 you cannot change employer but if they move you to H1 then you can potentially find another employer quit them.
5. It makes no difference. Whats your country of birth? If India and the GC is filed in EB2/Eb3, which normally is, then it can take 5-12 years to get a GC so eventually you do have to move to H1 during this time to be allowed to work in US.

This is my opinion not legal advice.

[giackyt]

thank you for your help!!