H1b Cap Exempt or not


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Hi All,


I have Approved H1 from 2008 Lottery but never worked on H1 visa. My company filed my L1b and I came to US on L1b and have been working on the same.


Now, I want to switch to H1.Wanted to know whether I would be cap exempt or not?


Thanks in advance for your time and advice!!!

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Generally, an individual is only considered counted against the H1B cap if s/he was in the U.S. when the change of status to H1B took effect or s/he was issued an H1B visa by a U.S. consulate abroad. The I-797 approval notice alone is generally not suffficient proof that one has been counted against the cap. Please schedule a consultation with an experienced immigration attorney to discuss the specific facts relating to your case and to determine whether you are subject to the H1B cap.

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