L1 to H1B transfer. H1B->L1->H1B

[ragunandhan]

Am aware that L1 to H1B transfer is possible but my case is quite different.  I came to US in 2010 on H1B visa. In 2012, I transferred my H1B to L1 so that my spouse can work in L2-EAD. Now that my spouse got H1B am planning to move back to H1B. SO here is my question,

 

1) Will i fall under the new H1B petition cap(65k quota) or my petition can be filed any time  as i already had a H1B petition?

 

2) considering am with employer A in L1 now, Can Employer B file my H1B petition anytime out of cap limit so that i can start working with them?

 

3) From the employer B point of view, is this process same like H1B transfer?

 

Please help me out to understand.

 

Thanks.

[jairichi]

1. If your combined stay on H1B and L1 has not reached 6 years then your H1B petition is cap exempt. Looks like cap exempt in your situation.

2. Yes.

3. Yes, a H1B transfer is nothing but a new H1B petition and in your case cap exempt.