L1 to H1 CAP EXEMPTION using old approved H1 which I never used ?

[bvin2k]

Hi,

I am currently on L1 B with Company A working since Aug-2007. I had an approved H1 B petition with Company B. This H1B petition was valid from Sep-06-May-09.But this I NEVER used and I always worked on L1B with Company A.

Now Company C wants to file a new H1B for me. For some reasons the Company C missed to file before the FY2012 H1B CAP reached. My question is :

1> Can the Company C file a new H1B(COS from L1) referring to Company B's H1B and get the CAP Exemption for me ? Is there a USCIS policy which I can point them to use for this?

2> Do I need to ask the attorneys of Company C to recapture the time as I have only used 4.5 years on L1 and nothing on H1 ?

Awaiting quick response.

Thanks.

[katesh17]

Hi bvin2k

Please Let me know what you did, I am also in similar position and want to explore the available opportunities.