L1b to H1b through cap exempt

[champsubs]

I had travelled to USA on company A's H1b and worked for 20 months for company A's client.

Then went back to India, worked from India for 8 months.

After that, L1b was filed and I am working currently on L1b for company A's another client for last 12 months.

I read about a clause which says that if you have previously travelled on a H1b in last 6 years, then you fall under the H1b cap exempt category.

I have following questions:

1. Is it legal to work for my company A's client on L1b visa? Shouldn't I be working on H1b visa?

2. If I find job with company B, and can they file H1b for me under h1b cap exempt category? And do they also need to follow the April-October cycle? Or since I am eligible under H1b cap exempt category, can the processing start at any time in the year?

For example, if I find a new job with new employer B on Feb 1st 2013, can they file for my H1b immediately and when can I start job at the new place? How long is the processing time?

Thanks in advance.

[pontevecchio]

"I read about a clause which says that if you have previously travelled on a H1b in last 6 years, then you fall under the H1b cap exempt category' That is not quite true. The fact is once cap counted, you are cap exempt for a total period of 6 years in H1 status. It is not the same thing. Having said that you are eligible for roughly 40 months of H1 time with no single petition more than 3 years in duration. The H1 employer needs to file a H1 petition for you and get it approved? How do you intend to deal with the notice issue?

[Muhilan]

Question: if I find a new job with new employer B on Feb 1st 2013, can they file for my H1b immediately and when can I start job at the new place? How long is the processing time?

Ans:

H1B can file now through any employer under cab excempt and the Premium process may take 15 days to get approval.

[champsubs]

Thanks a lot for clarifying the cap exempt logic.

Notice issue - I am not sure if I understood your question, can you please be more specific?

Also, please advise on my below question:

If I find job with company B, and can they file H1b for me under h1b cap exempt category? And do they also need to follow the April-October cycle? Or since I am eligible under H1b cap exempt category, can the processing start at any time in the year?

For example, if I find a new job with new employer B on Feb 1st 2013, can they file for my H1b immediately and when can I start job at the new place? How long is the processing time?

Thanks in advance!