Can I transfer L1A to H1B through Cap Exempt

[ourindia]

Hi,

I was previously in US from Sept 2008-Feb 2010. The I went back to India and stayed for more than one year .My company processed my L1A and I came to USA on May 2011. Now I want to change my company. Can my new company apply for my H1B through cap exempt since I held an H1B before ? Problem is I heard that this years cap has been completed , but I want to change the company now ? What is the best option to do this ?

Thanks

[shervin143]

Yes. The CAP from the previous H1B approval notice can be used to file a new H1B petition with a prospective U.S employer. The time spend in U.S in L1A + previous H1B stay will be counted against your H1B 6 year CAP.