L1B to new H1B (held approved H1 petition previously)

[Ateeq]

Hi,

1. In Nov 2008, I came to US through company A on L1B
   
2. In sometime June/July 2009, got an approved H1 through a private consulting company B. Petition valid from Oct 2009 to Sep 2012.
   
3. Since H1 approved petition was applied under "non change of status" category, I continued to work for company A on L1 itself
   
4. In March 2010, I left US
   
5. In May 2011, came to US again through same company A on L1B. I am continuing to work till date with same company A and on same visa L1B.
   
6. Now, a new company C is willing to file H1.
   

Question is, will I be cap exempt(since I held approved H1 petition)? I have never got my H1 stamped nor I have ever applied for change of status category.

I am looking to hire attorney who can advice new company C accordingly. Please help. Extremely urgent.

I am note sure if I can list my contact # or mail id in the forum message.

Thanks

Ateeq

[pontevecchio]

Cap exempt for 6 years minus total time in L1 status.

[t75]

Why are you going to hire an attorney to advise company? They should have their own attorney; if they do not, find an established company.

[Ateeq]

The company C is a very reputed and multi million $ financial organization. Company C's Attorney advised that I do not qualify for cap exempt as I held approved petition but the H1 visa was never stamped.

Can some please double confirm.... what are my options. How do I convince company C's attoney that cap exemption is based on approved petition and not on stamped H1 visa.