H1B approved but worked on L1 in two terms.

[John2012]

Situation:
I Was working in L1 visa for Company A in 2008 and traveled back to India on March 2008

I filed H1 petition with company B and received approval notice I-797 on May 2008 when I was in India. But I never worked on H1.

My Company A filed a fresh L1 petition on June 2008 and I worked with L1 in US from Nov 2008 for 1.5 Years

In Dec 2011 Company A again filed a new L1 petition and I came to US in Feb 2012 to work on this L1.I got a gap of 1 year during my stay in India

Can Company B file new petition using I 797 which was approved in 2008 ? If so do I need to wait for Oct to start working in H1 and can any company other than B file for petition using this previously approved I797?

[shervin143]

Can Company B file new petition using I 797 which was approved in 2008 ?
>>> Yes.

If so do I need to wait for Oct to start working in H1
>>> No.

and can any company other than B file for petition using this previously approved I797?
>>> Yes.

[John2012]

Thanks so much for the reply.Do I need to worry about Cap ?Can I start working even if cap reached for this year /

[shervin143]

You are already CAP counted. You cannot work in H1B status until the H1B petition gets approved. You can start working only from the H1B effective date that will be mentioned in the approval notice.

Thanks so much for the reply.Do I need to worry about Cap ?Can I start working even if cap reached for this year /