How to Change L1B to H1B while current year visa cap is over?

Question

Hello Team,

I am in L1B with Employer A, entered US by 2011 July.  i would like to change my visa to H1B with Employer B. Meantime, i hearing the H1B quota for 2013 is over.

I have another employer C got H1B approval by 2010. Can i use this approval? But i never worked for Employer C.

How can i change my status? Please advise.

Regards

Eddu

Answer 1

If you have an H1B petition approved in 2010, you can use it to file a new cap-exempt H1B petition with Employer B. You should have the previous H1B petition or the approval notice or the receipt number for the same.