H1B COS Never used

[vinodknain]

Hi,
I am having some tricky condition.
Working for company A on L1B Visa.
Company B filed my H1B COS and petition got approved from 01 Oct 2015.
But did not join company B and maintain the status of L1B to fly to India on 27-Sept-2015, and return to USA on L1B on 04 Oct-2015.
Still working with company A on L1B Visa
Now can my H1B transferred to Company A in Cap Exempt.
Tried to talk to so many of people and no definite reply and replies are very confusing.

[indika]

You should be cap-exempt unless USCIS hasn't taken that unused number into the current pool. I was in the same situation, but my current company filed h1b under cap-exempt in March -before the FY17 lottery.

Hi,
I am having some tricky condition.
Working for company A on L1B Visa.
Company B filed my H1B COS and petition got approved from 01 Oct 2015.
But did not join company B and maintain the status of L1B to fly to India on 27-Sept-2015, and return to USA on L1B on 04 Oct-2015.
Still working with company A on L1B Visa
Now can my H1B transferred to Company A in Cap Exempt.
Tried to talk to so many of people and no definite reply and replies are very confusing.

[raghvi]

Hi,
I am having some tricky condition.
Working for company A on L1B Visa.
Company B filed my H1B COS and petition got approved from 01 Oct 2015.
But did not join company B and maintain the status of L1B to fly to India on 27-Sept-2015, and return to USA on L1B on 04 Oct-2015.
Still working with company A on L1B Visa
Now can my H1B transferred to Company A in Cap Exempt.
Tried to talk to so many of people and no definite reply and replies are very confusing.

Yes, it should be possible. You will get 6 Years minus time already spent in past H1/L1 statuses OR time requested by employer , whichever is less.

This is my opinion not legal advice.

[vinodknain]

But when i talked to attorney then i got the answer that it is 50-50 chance.
As i never used H1B COS so it will be rejected if filed for transfer as CAP EXAMPT.
Per lawyer H1B COS is different from H1B Consular.
Totally confused.