Question on H1 Cap exemption

[Ateeq]

In 2008, I came to US with company A on L1.

In 2009, while still working for company A, I applied for non change of status H1 with another company B and got it approved. My H1 was approved for 3 years(oct 2009 to sep 2012)

Since it was non change of status, I continued to work for company A on L1. I went back to India in 2010 and continued to work with same company A in India.

In 2011, I came back to US with the same company A on L1 and then got my L1 visa extended. I am now with company A in US and my L1 is valid till July 2013.

Please note that when I went back to India, I never went for H1 stamping, so my H1 was never activated.

My question is, if I want to change my job now and if any other company is willing to file H1 for me, then will I be exempted from H1 cap(given that my H1 approval was only till sep 2012)???

Appreciate your answer to my a complex case.

[wiweq]

"My question is, if I want to change my job now and if any other company is willing to file H1 for me, then will I be exempted from H1 cap(given that my H1 approval was only till sep 2012)???"

=> Because you have already counted towards cap once, you will be exempted to the quota for next 6 years of H1b stay. You are cap exempted and have (6 - L1 stay)yrs left on your total 6 yrs quota.

[Ateeq]

Thanks Wiweq.

one more question, if any company files for my H1 before oct 2012, when will it be active from?october 1 2012 or from the day it is applied?

also if company files for H1 after oct 2012, when will it be active from?