L2 to H1 conversion second time


I came to US on October 22, 2009 on L2 with my husband (L1). Here are my details:

Filed H1B petition date – June 12, 2012.Approved and valid from – 10/01/2012 to 09/30/2015I went to India for 3 months – Jan’2014 to March’2014Came back to US on L2 visa stamped – which was valid from 02/24/2014 to 08/15/2014On April 29, 2014, my L2 petition got extended and valid from – 04/21/2014 to 01/20/2016I went out of US twice in these years, so total months of stay out of US – 6 monthsMy husband, who is on L1, cannot stay in US for more than 7 years. His Green card hasn’t applied yet.

My questions to you are:

Can I apply for H1 again at this point of time (August, 2015), if yes then do I need to wait for April or I can apply in August, 2015?If I apply my H1, will it be valid until April, 2016 (my current L2 visa expires on April’16) or it will be irrespective of 7 years of cap. I am confused because I know with L1 and H1 combination, we cannot stay more than 6 years in US (if green card has not applied). And my 6 years will get over in April, 2016 (as I came to US in October’09 plus with 6 months of cool off period).We wanted to stay in US and apply green card. My husband’ company earlier promised that they will apply his green card in EB1 category but now it seems difficult. That’s the reason we want to know what other options we have now.

Please let us know what options do we have, we really appreciate it. Thanks

Yes you can I apply for H1 again at this point of time. You don’t have to wait till April. You are still cap exempt.The max out time will still be April 2016.