H1B exempt process?

[ManiGuru]

Hello All ,

Right now i am in US on L1B , I had unused H1B visa from OCT 2008 - SEP 2011. Can I use this visa for new H1 process without cab?

Is I am applicable for H1b exempt process?

thanks for your help in advance.

Thanks

ManiGuru

[Attorney_11]

The USCIS generally only considers an H1B applicant counted against the numerical H1B cap if s/he is physically present in the U.S. when the change of status to H1B takes effect or s/he is issued an H1B visa from a U.S. consulate abroad. Absent one of the above the USCIS may deny a new H1B petition filed as cap exempt.

[ManiGuru]

Thanks!!