L1B to H1B change of status.

[Ajayesh]

Hello,

I am on L1B and currently in US. The petition/visa/I94 expires in Dec. 2011. I arrived in US in Feb., 2007 and have obtained one extension on L1B already.

1) Can I apply for change of status to H1B?

2) If so, when would my employer need to file this before USCIS? Is it like 6 months before visa expiry or 6 months before 5 years of stay (Feb., 2012)? Or there isn't any restriction?

Please advise.

[kabkaba]

Hello,

I am on L1B and currently in US. The petition/visa/I94 expires in Dec. 2011. I arrived in US in Feb., 2007 and have obtained one extension on L1B already.

1) Can I apply for change of status to H1B?
Yes
2) If so, when would my employer need to file this before USCIS? Is it like 6 months before visa expiry or 6 months before 5 years of stay (Feb., 2012)? Or there isn't any restriction?
Any time as long as H1 cap remains open. For you to continuously stay in the US and work the petition must be filed before your I-94 expires.
Please advise.

See above.