l1 to H1 : Need clarification

Ganwood

New Member
I had H1b visa filed by employer A and that got expired on Nov 2006.I was there in US between Jan 2005 to APril 2005.Got a L1b through the Employer B and I am in US since SEP 2007.Now employer C is filing a H1 for me.He said mine will not come under CAP since I had a H1 in the past. Here are my questions

1.How come mine will not come under CAP.Is that because I had H1 in the past. Assume that if it is not coming under CAP, still I have to pay the full amount for extension?


2.If I get a H1 should I have to change the status to H1 on OCT 2009 or Can I get approval and can I change the status to H1 later(say for example during March 2010).Once the H1 b is approved how can I be in L1
 
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