Old H1B Currently on L1B Need a new H1B based on old H1B

[VMMV]

Hi there,

 

I have an old H1B petition dated 15th October, 2004. The petition was valid from 10/12/2004 to 09/30/2007. I had a H1B stamped on this petition but I have never used the time or have travelled on this visa. Last year, my company sponsored a L1B visa and I am currently on a L1B in the US. Now, I would want to use the old H1B petition to get a H1B visa. Is this possible? Or do I have have to apply for a fresh H1B again? Will I be cap exempt this year or will I have to wait till next April for the following year's H1B petitions?

 

Please clarify my position. If I am writing this mail, I am already in soup.