Applying H1B CAP Exempt with an approved,Unused and unexpired H1B petition.Urgent pls

[ksinus7]

I am on L1A from April 2008 - valid till Apr-2015 . I-140 is approved in 2011(EB3).
I got H1B approved in 2013 and the petition is valid till Sep 2014 (from same employer) but due to some personal reasons I went out of US in sep 2013 and came back on oct –2013 on L1A(for same company).
I didn't use H1 or never stamped H1 B . Now I want to change to H1B from Sep/Oct 2014 since my L1 A is about to expire.

Can I now apply for a new H1B with Cap exempt?
A.If yes , can my employer or new employer apply for New H1B under cap exempt?
B.If yes, Can this be applied as COS or should i need to go for stamping?
C.can I be eligible for cap exempt even after my H1 B petition is over , I.e after Sep 2014.

What are the options for me to Change to H1 from Oct 2014?


You may ask me "why not use current valid H1B petition and change to H1 now itself? ". I can not as my wife is working on L2 EAD and her job is dependent on my status. By Oct 2014 she will have her chance of getting H1 and then i would like to change to H1.

[raghvi]

I am on L1A from April 2008 - valid till Apr-2015 . I-140 is approved in 2011(EB3).
I got H1B approved in 2013 and the petition is valid till Sep 2014 (from same employer) but due to some personal reasons I went out of US in sep 2013 and came back on oct –2013 on L1A(for same company).
I didn't use H1 or never stamped H1 B . Now I want to change to H1B from Sep/Oct 2014 since my L1 A is about to expire.

Can I now apply for a new H1B with Cap exempt?
A.If yes , can my employer or new employer apply for New H1B under cap exempt?
B.If yes, Can this be applied as COS or should i need to go for stamping?
C.can I be eligible for cap exempt even after my H1 B petition is over , I.e after Sep 2014.

What are the options for me to Change to H1 from Oct 2014?


You may ask me "why not use current valid H1B petition and change to H1 now itself? ". I can not as my wife is working on L2 EAD and her job is dependent on my status. By Oct 2014 she will have her chance of getting H1 and then i would like to change to H1.

You can apply the extension of your H1 based on the approved I-140.
A. Yes.
B. A COS is possible.
C. H1 is valid for 6 Years so an extension can be filed as long as that 6 Years is not over.an extension beyond the 6 Years is also possible if PERM is pending fore more than 365 days or I140 is approved which is valid in your case.

This is my opinion not legal advice.