L1 to H1b with new company

[sabastien2016]

I work at a software company in silicon valley on a L1b visa. If i want to work in a different company i will need h1b visa. I don't have h1B VISA right now. If the new company is ok with sponsoring my H1b visa, can the new company apply for H1b visa for me any time of the year? Because it's december right now and if i were to move to the new company and they can give me H1b visa only next october, that means i'll be waiting for almost a year. Please let me know. Thank you!

[raghvi]

I work at a software company in silicon valley on a L1b visa. If i want to work in a different company i will need h1b visa. I don't have h1B VISA right now. If the new company is ok with sponsoring my H1b visa, can the new company apply for H1b visa for me any time of the year? Because it's december right now and if i were to move to the new company and they can give me H1b visa only next october, that means i'll be waiting for almost a year. Please let me know. Thank you!

Yes thats how it is. If your employer is Cap Subject employer they can apply H1 only when the H1 cap is open, the next cap will open 01-April-2015 with an earliest start date of 01-Oct-2015.

This is my opinion not legal advice.