Change of status from L1 to H1 Conversion? Success Rate?

san1233

New Member
I am in USA on L1B since 2011 with Company A and meanwhile Company B processed H1B in 2013 and it got approved (I have a copy of I-797C).

Due to personal reasons, I didn't join with Company B on 1st of October 2013 and at the same time I travelled outside USA on 30th September and came back to USA on 4th of October by extending my L1B visa.

Company B requested for withdrawal of H1B in November 2013 and it successfully revoked in January 2014.

Now in 2015 July , I would like to change my visa status from L1 to H1 using company B's H1 petition since my L1 tenure 5 years is going to complete soon. So I requested My Current Company A for the Change of status. Here are the below questions on this situation:


1. Am I eligible for H1 Cap Exemption?

2. Can I (I mean my current employer – Company A) apply for L1-H1 Conversion on the same petition (obtained by company B) with CAP Exemption?

3. Current employer is saying there will be chances of rejection as we are filing after a year has passed from the start date given on the H-1B approval notice. Is it true? What’s the success probability?
 
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