H1-B Cap related question

[SS_GreenCardSeeker]

My company had applied for my H1-B VISA back in March-April 2004 and the same was approved (USCIS status shows "Decision") for employment start date of October 2004.

I never used this H1-B as I traveled to the UK in 2004 and finally headed back to India in 2007. I found that I could not use my approved H1-B as I did not have enough time to renew it so my L1-B was applied instead and I flew to the US in Nov 2008.

I am planning to do my L1-B to H1-B conversion in 2013. My question is - Since my H1-B application was approved earlier, will I still be considered in the H1-B cap if I apply for L1-B to H1-B conversion in 2013.

Thanks!

[chtummala]

nope .. not in your situation ..

[ImmiSpecialist]

NO you cannot do that... you have to apply new H1

[SS_GreenCardSeeker]

@chtummala - Thanks for your response. When you said "Not in your situation" means I will be considered in the cap or the cap will apply to me... is that correct?

@Immigration Specialist - Thanks for your response too. I assume you are also saying that the cap would apply to me... correct?

I read the following article on Murthy.com which prompted me to post this question on the forum -

http://www.murthy.co...f-the-h1b-visa/

(Look up Question 4 and sections thereafter)

[chtummala]

you subjected to cap ..

as you stayed out of country for more than one yr ..

you can apply next yr when h1 number are available