Stamped but unused H1B - Cap Exempt?

[Malani]

Here is my situation:

1. Got H1B petition,subjected to cap, approved in Dec 2009 (Petition valid from Dec 2009 to May 2012).

2. Stamped H1B visa in May 2010 and never traveled

3. Stamped L1B visa in March 2015 with same employer. 

4. Traveled to US on L1B in Jun 2015 and in USA since then

Based on my situation I have following questions:

1. Am I eligible to get H1B under Cap exempt, since I had visa stamped using first petition but never traveled on it?

2. If yes, Can I approach any employer and switch job if my new employer files cap exempt H1B? Or do I need stamped H1B visa for that?

3. If I am eligible for cap exempt H1B, how long I can stay in US, considering I am in US on L1B for 1.5 years?

Appreciate your help. Thank you!

[pontevecchio]

In view of rule changes which may or may not be retrospective I would suggest a Lawyer consult FIRST.

[shekar11#]

You cannot use your H-1B because it was never effective. H-1 B is effective only if you enter US after visa stamping and work for the employer even for a day or two. You can consult an attorney to know more in detail.