H1 under cap exemption – expired 6 years back

[sunny97]

Hi,
I had H1B petition, which was valid from 2005 to 2007. But I unused it.

I travelled to USA on L1B from Nov 2011.

Now I am planning to apply for H1 under cap exemption. I have questions like
1. Can I apply for H1 under cap exemption?
2. If I get the H1 approval, does my L1 automatically convert into H1? If not , then do I need to travel back to India and get the H1 stamped to start working on H1?

Both L1 and H1 sponsor would be same employer.

Any help regarding this highly appreciated.

Regards,
Sunny

[kabkaba]

Hi,
I had H1B petition, which was valid from 2005 to 2007. But I unused it.

I travelled to USA on L1B from Nov 2011.

Now I am planning to apply for H1 under cap exemption. I have questions like
1. Can I apply for H1 under cap exemption? -- Yes, you are eligible.
2. If I get the H1 approval, does my L1 automatically convert into H1? If not , then do I need to travel back to India and get the H1 stamped to start working on H1?
-- That depends on how the petition is filed. If filed and approved with change of status, your status will change immediately from the effective date. If filed without change of status, you can continue in L1 status and change status later. In either cases whenever you leave the US, you will need to obtain H1 Visa to return in H1 status.
Both L1 and H1 sponsor would be same employer.

Any help regarding this highly appreciated.

Regards,
Sunny

See above.