H1 and L1A approved - order of stamping to retain H1 cap exempt status

USA H1B Visa
1

I have H1(without COS) and L1A approved and not stamped. I am outside US.

  1. If I get L1A stamped, work in US and then need to switch to H1 in the future, will I be H1 cap exempt?

  2. Please note if I don’t get H1 stamped, it may be withdrawn by the employer. Does that have any effect on being counted as a H1 cap exempt application?

Coming on L1A will allow my spouse to work so its important for me but I do not want to go through a lottery again, it was my 4th time when the H1 application was selected. Thanks.

2

  1. Yes

  2. You would still be cap-exempted