L1-B to H1-B transfer

[psp0410]

I moved to the United States last year on a L1-B visa (stamped by the Indian consulate) sponsored by Company A. I am interested in getting this visa transferred to H1-B visa. Here are a few questions:

1. Is a transfer from L1-B (company A) to H1-B (company A) a change of status case or a fresh case?
2. If Company A files for my transfer from L1-B to H1-B, am I subjected to the cap limit?
3. If necessary, which is the best way I can transfer my L1-B (company A) to H1-B visa (company B) - will Company B have to file a fresh H1-B petition; will it be subject to cap limit?

Thank you.

[raghvi]

Hello,

Please find below responses to your queries as per my limited knowledge:

1. Is a transfer from L1-B (company A) to H1-B (company A) a change of status case or a fresh case?
Ans: H1B and L1B are different category of visas they cannot be interchanged. If you never had any approval notice of H1B previously then this will be a fresh H1B case.

2. If Company A files for my transfer from L1-B to H1-B, am I subjected to the cap limit?

Ans: If you have never had a H1B approval notice previously you would be subjected to cap limit.

3. If necessary, which is the best way I can transfer my L1-B (company A) to H1-B visa (company B) - will Company B have to file a fresh H1-B petition; will it be subject to cap limit?

Ans: . You can either ask Company A to file for your H1 and do a COS from L1to H1 which will most probably involve a trip back to India for a fresh stamping of H1, your L1 will be cancelled if H1 is approved at the consulate. Or you can ask Company B to file H1 for you which might also involve a travel back for stamping with fresh H1. In either case if you never had any approval notices of any previous H1s the petition can only be filed after April 2012 and you can work on h1 only after Oct 2012. Best option would be to initiate the H1 Processing with A or B after April 2012, work with the L1 employer A till Oct 2012 and then initiate a transfer to B if A is processing or work with B if B is processing.

The above is my opinion please do consult experts before deciding on the next steps.

[psp0410]

Thank you for your prompt reply, Raghvi - I do appreciate it!