QUESTION

Does L1B to H1B transfer comes under H1B Quota?

Asked on May 15th, 2013 on Immigration - Michigan
More details to this question:
I have come to US on L1B and now want to convert it to H1B. Can I do it now, for 2013?
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5 ANSWERS

You are subject to the cap unless you were granted H-1B status prior to your current L-1 status.
Answered on May 17th, 2013 at 7:36 AM

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Corporate and Business Law Attorney serving Ridgewood, NJ
Partner at NPZ Law Group
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The cap for this year has already been reached. Unless you have an H-1B cap-exempt case then you will have to wait until April 1st 2014 to apply for an October 1st 2014 start date. There may be "creative" ways for your case to be deemed to be H-1B exempt. You may want to consult with one of our lawyers about your case. You may also have other work visa options that may be available to you.
Answered on May 17th, 2013 at 7:22 AM

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Yes, it does, if you have not previously held a H-1B status then you're subject to the quota and the quota has been reached for the next fiscal year so the next possible filing date would be April 1, 2014 for a start date of employment of no earlier than October 1, 2014 unless a new law is passed increasing the numbers for the next year.
Answered on May 17th, 2013 at 7:14 AM

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Immigration Attorney serving Van Nuys, CA at Law Offices of Hussain & Gutierrez
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Yes you will be under the quota, yin will have to wait till next April.
Answered on May 17th, 2013 at 7:13 AM

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No, you will need to apply for a new H-1B on 04/01/2014.
Answered on May 17th, 2013 at 1:46 AM

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