L1-B to H1-B or L1-A

[champ5182]

Hi,
My 5 year term for L1-B ends in Jan 2013.
My current employer has not filed for H1-B and now the cap is already closed.
I just got promoted to a managerial position.

Should I ask my employer to transfer my L1-B visa to L1-A visa.

OR

Is there a way still, to file H1-B for me?

OR

I will have to wait till April 2013 to file for H1-B.

I have around 138 days in my 5 year L1-B tenure when I was not in US. So Can I claim these 138 days to stay back and then my employer can file H1-B for me?

Any help is appreciated.

-Champ

[raghvi]

USCIS is not accepting any more H1B petitions for this year. You can file only after 01 April 2013 and that too it will be effective only 01-Oct-2013 onwards. A COS from L1B to L1A can be filed based on your changed role and duties. I am not sure, but one needs to be playing executive and managerial role at least 6 Months before ones L1B expiry. Do seek expert guidance and help of immigration lawyer as L1B to L1A requires lot of documentation especially around the evidences of being under "executive capacity" . You and your company may be asked to provide evidences that you are indeed taking management decisions and not doing only people management. Also, the L1A will be valid for only 2 Years as L1B+L1A can only be for 7 Years Max.