L2 to H1B Transfer with old approved H1B

[Saidireddy]

Hi Everyone,

I came to US on L2 Visa in October 2010 and worked with L2 EAD. My EAD and I-94 were expired on Dec 2012. My spouse's L1B and L2 extensions were filed on Dec 2012.

I have an approved H1B in 2008. I did not go for stamping with that H1. My question is, can I use my old approved H1B and change my L2 to H1 without H1 CAP?

I appreciate your help in this regard.

Regards,

Saidi