L2 to H1B COS ! Recapture time, Premium Processing

USA H1B Visa
1

I came to the US in 2016 on my H1B visa sponsored by my employer in India (approved from 1st oct 2016 to sep 30 2017) . The H1B was valid till sep 2017 so my employer filed an extension. The extension got approved till sep 2020.

But I applied for change for status to L2 in sep 2017 and got the approval till July 2020. I started working on L2 EAD.

If my employer files change of status from L2 to H1B now (Sept 2019) then will I be cap exempt?

If yes then Since I used only 1 year of my H1B and never used the H1B extension then how long I can work on H1B if the COS is approved.

Can my employer file my cos in premium processing ?

Will really appreciate any help on this .

2

Yes, it will be cap exempt.
You can use it for up to 6 years. Read H1B Recapture Time 6 years

Yes, they can as it will be a new H1B application and considered as transfer or extension.