Transferring from L1B to H1 this year


I had asked the question that whether I can shift jobs from company A to B, if I am on L1B visa. Someone replied no but if an employer sponsored a H1 for me, then I can get the L1B xferred to H1.

So, if an employer sponsers H1 for me, you mean to say the new employer needs to sponsor, right? Because in my case, the existing employer may not agree to sponsor a H1 for me. They are going to file an extension for me on L1B itself.

Moreover, if required, can my existing employer sponsor me for H1 now given the fact that the quota for this year has been reached.

Which way is better: applying H1 through COS or through CP? I guess applying through COS sounds better but is there a catch in it? How will the new employer B know that it has to apply through a COS?

If i get a H1 visa, then it would be for the tenure of 6 yrs minus the period I already stayed in US on L1-B?

Finally, how do i know whether the new company B, the H1B petitioning employer is cap exempt? Is there a list of such companies published somewhere? Does USCIS provide this information on its website?

If suppose the company B decides to sponsor a H1 for me now i.e. my status will change from L1 to H1, will this H1 count in the quota of 65,000 or is it outside the purview of that?

It has been replied in your previous question. No employer can sponsor H-1 for you now until April 2013.

If this is the case, then what options do I have left for me to shift from company A to company B? Can company B apply a fresh L1B for me provided that I already have a L1B from company A? I need to figure this out quite soon.
Can’t my existing employer A itself not apply for a change of visa from L1B to H1?


There is no "transfer" from L1B to H1B, one should apply for a fresh H1B for you.

Since H1B cap has reached on 11th June for FY2013 quota, your company cannot sponsor H1B for you this year, unless your company is a cap-exempt organization.

I am not sure if there is a list available for cap-exempt companies, especially in the USCIS website. Usually Not-for-Profit organizations, Universities, etc are considered as cap-expemt organizations.




Like I said NO H-1 is possible until April 2013 (through A, B … Z). The only option is cap-exempt employers like government organizations, non-profits, hospitals, universities etc.

Another employer can file L-1 for you only if you qualify for it i.e.

  • you have worked for the new employer outside US for 1 year in past 3 years
  • you will be working on new employer proprietary skills/tools/applications/technology not known commonly outside the employer