COS from H3 visa to L1B, possible?

Hi,

I’m on H3 visa currently and it expires by Sep 30th 2012. My company is not sure if they can file for L1B as the H1B cap is done. Please advise if L1B can be applied even if i’m here in the US.

Thanks!

L-1 can be appled only if:



- You have worked for that employer for at least 1 year outside US in the past 3 years



- You will be working on employer proprietary skills/tools/applications/technology not known commonly outside employer