L1A to H1B COS PP

[umeawe]

I am currently on L1A and have offer from prospective employer who is ready to file H1B. I understand that once my prospective employer files H1B COS with premium processing, it should be approved within 15 calendar days. My question are:

1. Once H1B is approved, can I start working for my prospective employer immediately or do I need to wait till 1st Oct 2011?
2. In my previous trips I was in US on H1B. Does it help to avoid H1B quoto and not wait till 1st Oct 2011?

[kabkaba]

If you provide the new employer with a copy of the previous H1 approvval notice, they can file your case as cap exempt and request immediate start date. However, this assumes that you have not spent 6 years in the US in H1 or L1 status.

After approval with change of status, you must start working for the H1 employer from the valid from date. Any work for L1 employer after that will be illegal.

[umeawe]

Thanks for your response. So do I understand correctly that I am not eligible to apply to exempt cap if I have spent more than 6 years on H1 and L1 combined over more than a decade but with breaks in between?

[kabkaba]

AFAIK you need to spend 1 year outside the US to be eligible for fresh 6 years. Consult an attorney.

[umeawe]

Thanks again for the help. Appreciate it.