L1 to H1 transfer: urgent help

[amitghsl]

Hi,
I am currently in L1A visa (which has actually expired in July 2012, but my I94 is valid till Dec 2013). I would like to transfer to H1 visa by changing my employer. Is it possible to do it this time of the year when the quotas are closed, in case some company has its quota remaining with them. Also, do I have to go to India for H1 stamping immediately.
Please help me with this. I am not getting an exact answer to my query anywhere.
Thanks and appreciate all your help.

[raghvi]

Hi,
I am currently in L1A visa (which has actually expired in July 2012, but my I94 is valid till Dec 2013). I would like to transfer to H1 visa by changing my employer. Is it possible to do it this time of the year when the quotas are closed, in case some company has its quota remaining with them. Also, do I have to go to India for H1 stamping immediately.
Please help me with this. I am not getting an exact answer to my query anywhere.
Thanks and appreciate all your help.

There is nothing called "company quota". L1A + H1 can at max be 6 Years. If you have not completed your 7 Years quota of L1A, you can find an employer and ask them to file for a fresh H1 petition in April 2013 and the start date of that H1 can only be 01-Oct-2013 or later.Along with the H1 petition you can file for COS from L1 to H1. Once H1 is approved, if H1 is approved as a COS (change of status) you should work only with the H1 employer. You would not need to go to India for stamping if H1 is approved as COS and you receive a valid I-94 with it.

Bottom line, if you never had an H1, and if you find an employer willing to file your H1 petition you can work for H1 employer only from 01-Oct-2013 or later.

This is my opinion not legal advice.

[amitghsl]

There is nothing called "company quota". L1A + H1 can at max be 6 Years. If you have not completed your 7 Years quota of L1A, you can find an employer and ask them to file for a fresh H1 petition in April 2013 and the start date of that H1 can only be 01-Oct-2013 or later.Along with the H1 petition you can file for COS from L1 to H1. Once H1 is approved, if H1 is approved as a COS (change of status) you should work only with the H1 employer. You would not need to go to India for stamping if H1 is approved as COS and you receive a valid I-94 with it.

Bottom line, if you never had an H1, and if you find an employer willing to file your H1 petition you can work for H1 employer only from 01-Oct-2013 or later.

This is my opinion not legal advice.

Thanks much for all the info...i will be a great help for some big decisions...
one last query....can anything be done to get a H1 from my current status until April 2013.