L1B to H1B

[sachintendulker]

Hi,

I am currently working on L1B through company A and will be completing my 5 years in US December this year. The same company A wants to file H1B for me.

1. It will be a new H1B petition or it will just be a change of status from L1B - H1B.?
2. Will it be cap exempt..?
3. what is the appx time frame for this process.

Thanks..

[shervin143]

1. It will be a new H1B petition or it will just be a change of status from L1B - H1B.?
>>> It will be a new H1B. Ifyou want your status to change automatically to H1B upon H1B approval, then it has to be filed as a COS from L1 to H1B (You need to be in U.S to apply for a COS). H1B can also be filed as a Consular process, in which case you will need to go out of the country and return back in H1B visa.

2. Will it be cap exempt..?
>>> Do you have any previous H1B approval notice in which you haven't used all 6 years in that CAP? If not, then you are NOT.

3. what is the appx time frame for this process.
>>> 2-3 months by normal process and 15 days by premium.