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Urgent - Expired H1 petition Question - slightly complicated case

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  • Urgent - Expired H1 petition Question - slightly complicated case

    Hi all,

    My question is related to using my expired H1 petition. Here is my history : I was on L1B in USA from 2005 thru 2010 when my extension was rejected ( i had 6-7 months from my time out in India) . I traveled back to India in Oct 2010 and filed for a new H1 petition which was approved in Feb 2011 and was valid until April 2012. I could not travel due to personal reasons and decided not to get it stamped. In march 2012 I got a new L1A approved and traveled to USA in April 2012. It is valid for 3 years until 2015 ( eligible for upto 7 years) .

    My question is : Can I get my expired H1 B transferred ( expired in April 2012 ) to another company under CAP exempt . If yes, how many years will it be valid for ? Only 1.5 years ? or will it eligible for full 6 years ( including the time I stay in USA on l1A) ? keep in mind that I could not have used it for more than 1.5 years had I used it in 2011 as I was on L1B status in usa less than 1 year ago ( the cool down period) .

    Thanks for your help !!