H1B Visa CAP COS 2014 - Is CAP exempt or CAP Subject

USA H1B Visa
1

Hi,
I am currently on L1 visa with expiry of aug 2013. My I-94 is also the same date as my visa exp. My employer is going for a H1B this year.
My LCA states that the start date of intended employment as my last date of my i-94. My question is, is it possible not to go to India for stamping and continue to stay as soon as my H1B petition gets approved this year?

2

If this is your first H1b I think you will need to leave, until you find something that authorizes you to work from Aug 2013 to Oct 1st 2013.

First time H1b authorizes you to start working only from Oct 1st 2013 and not before that.

3

Thanks for your reply…

I read in one of the forums that - If the LCA specifies an earlier date, the H1 would get denied because it would be for this fiscal year, and that quota is long full.

Is this true?