Using a old h1b petition without going into 2013 quota

[Maha Kama]

Hi,

I came to US on year 2004 in L1. I stayed till year 2009 on L1B. (5.2 years)

I got my H1B on year 2009 October and I worked on H1B still 2010 June. (8 Months)

I am in india for past 2.5 years. Now, can I use the old H1B petition to apply for H1, without waiting for next year quota ? Or my stay in L1B before H1 status conversion will stop me from using the old petition ?

Please clarify.

Thanks
Kamaraj

[kabkaba]

You may do that, but you will have very little time left on that cap. Any time spent in the US in L1 and H1 status will count towards hte 6 year limit.