L1B to H1B cap reached but have OLD expired H1B

[vyupadhyay]

I am currently working on L1B and got an offer from US MNC and they have already started the process for LCA and may get it within 2-3 days. But today I got the news that H1B caps for year 2012 has already reached.

I had an old H1B filed in Dec 2004 and I stayed in US for 1 year and went back. Thereafter I entered US back in June 2011 on L1 (almost after 5 Years).

With above condition can I get my L1 transfered to H1 even though cap has reached for year 2012 or I have to wait until next year's quota starts?

[Attorney_24]

Generally, an individual who previously held H-1B status in the last six years has already been counted against the cap and is not subject to it. Kindly consult with an immigration attorney with regards to specific facts and questions relating to your case to determine if you are exempt from the cap.