Unused & Expired H1-B Petition - CAP exempt

[Karthick]

Hello,

Can somebody help me provide info that i'll be CAP exempt ?

I saw lot of people answered 'yes' but my case is that i got H1-B stamped and never used...

My current employer filed H1-B in 2009 and petition was approved for 1 year from oct 2009- sep 2010. I got it stamped. But i never travelled in H1-B. In August 2010, the same employer filed L1-B and stamped on oct 2010. Traveled to US with L1-B status and i'm currently on L1-B status.

Can the same employer file for CAP exempt for the previous H1-B ?.

Need this info as my current L1-B expires in Sep 2013.

Thanks

karthick

[Attorney_10]

Generally, an individual is considered counted against the numerical H1B cap if s/he is issued an H1B visa by a U.S. consulate. Thus, it is possible an employer could file a cap exempt H1B petition and provide a copy of the previously issued H1B visa as evidence of the cap exemption. Please note, the time spent in the U.S. on L1 status will count towards the six years total for H1B status. Please schedule a consultation with an experienced immigration attorney to discuss the specific facts of your case and to determine the likelihood that a cap exempt petition would be approved in your case.