Can I apply for L1 to H1B COS for oct 2012 now?

Question

Hi,

I am in the US from company X on L1B visa but on home country pay roll from April 2012. My project will be ending in October 2012 and will have to go back to home country at that time. I do have a valid B1 visa if I have to extend my stay here.

Can another employer Y file for H1B COS for me now  and if approved, can I work for employer Y from October 2012? Or does it is too late to file for it? Should the employer Y wait till April 2013 to file a petition?

Please advice.

Thanks,

savy

Answer 1

L1 Visa to H1 COS happens thru Yearly CAP count only. Your Y employer cannot apply your conversion now. You need to wait under April 2013 to initiate your conversion. Thanks Vivek