H1b Cap Exempt or not

[sharmmad]

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!!!

[Attorney_10]

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.

[0407]

sharmmad,

 

I personally know two people who just had I-797 approval notice. They had neither the visa nor had they were in US when H1B got approved.

They transferred successfully to MNCs in USA. Search for an employer. If employer is willing to take it up, it is worth a try