H1B COS status invalid due to L1A extension - last action rule

[rajbharath]

Hi,

I am currently in L1A (I94 and Petition expiry is by Aug 28th 2015) with Employer A. Employer B has applied for H1B COS and got that approved petition by June 2015 with effective start date as Oct 1st 2015. Employer A has applied for L1A extension now and I understand now that by Last action rule L1 will take precedence and I cannot join Employer B. Now Employer C is offering a job by November 1st week, could you please help me understand whether the H1b transfer which Employer C is going to apply will be CAP exempted or will that be under new Quota.