Active L1A, expired H1B - Can I renew & transfer H1B?

[aagarwal8]

I got my H1B stamped in Oct'06 from Employer A - but due to medical reasons, could never travel to US on that visa.

In Oct'09, Employer B processed my L1A, and am working with them in US since then.

Now I plan to move to Employer C, and am wondering if the new employer can renew & transfer my H1B visa and does it fall under the yearly quota, or will they have to apply fresh next year?

Additional Details:
I have a B1/B2 visa valid till Feb'15, and have traveled to US on that visa 3 times (feb-may'05, mar-jun'06, mar-jun'09)
Last I went to my home country was in Feb'12

[raghvi]

I got my H1B stamped in Oct'06 from Employer A - but due to medical reasons, could never travel to US on that visa.

In Oct'09, Employer B processed my L1A, and am working with them in US since then.

Now I plan to move to Employer C, and am wondering if the new employer can renew & transfer my H1B visa and does it fall under the yearly quota, or will they have to apply fresh next year?

Additional Details:
I have a B1/B2 visa valid till Feb'15, and have traveled to US on that visa 3 times (feb-may'05, mar-jun'06, mar-jun'09)
Last I went to my home country was in Feb'12

It might be already 6 years, you have to see the old H1 petition dates to determine that. Till when is your current L1A stamping and associated I-94 valid?

[aagarwal8]

It might be already 6 years, you have to see the old H1 petition dates to determine that. Till when is your current L1A stamping and associated I-94 valid?

my visa & i-94 are valid till 2012-09-14
isn't the 6 year limit applicable to the duration one has stayed/worked in the US - which in my case would be only 3 years?

[raghvi]

my visa & i-94 are valid till 2012-09-14
isn't the 6 year limit applicable to the duration one has stayed/worked in the US - which in my case would be only 3 years?

I doubt it. You are subject to the cap as you never used the H1 visa. This is my opinion not legal advice.

[cheeta]

I doubt it. You are subject to the cap as you never used the H1 visa. This is my opinion not legal advice.

I had a H1B with the following details
Approved in 2005
Stamped and Travelled to US in 2007 Dec
Renewed/extended till July 2010 in May 2008
Returned to India in June 2010 - no extension applied - stayed in US for 30 months
H1 Expired on July
Stayed in India from July 2010 till April 2012
Returned to US on L1A

Question:
Can a prospective employer file a CAp Exempt H1B for me now?
How long will it be valid - I would have spent 30+8 months in last 5 years witha break of 20 months in between the two