Going From An L1 To H1 Visa

Hi

I am currently employed with company A under L1 status. My L1 is valid for another year or so. Meantime, last year i had applied for a H1 with
the same employer which was approved and i received the I797 without any problem. I had not chosen the COS (change of status) since i dint want
my wife's status to change from l2 (EAD) to H4.

Now, i would like to change my status from L1 to H1.

(1) Can my employer (or me) file for the change of status based on the H1 approved (with the same employer last year). Does this have anything to
do with the present CAP or availability? If, so what would be the processing time for the COS?
(2) If for some reason, the COS cannot be obtained or my present company lawyers have some issues in applying COS, then as i understand the only way
to obtain a H1 stamp would be to go out of the country and come back with h1 stamp. Would there be a problem in this case since the H1 was approved last
year and the present CAP is full etc?

Any response is highly appreciated.

Quote:

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(1) Can my employer (or me) file for the change of status based on the H1 approved (with the same employer last year).

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I'm not finding anything that says you can't.

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(2) If for some reason, the COS cannot be obtained or my present company lawyers have some issues in applying COS, then as i understand the only way to obtain a H1 stamp would be to go out of the country and come back with h1 stamp. Would there be a problem in this case since the H1 was approved last year and the present CAP is full etc?

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It shouldn't be an issue, since the H1 has already been approved.