I have a bit complicated case please bare with me.
I had H1B petition and it expired on oct 2011. It was never stamped.
However I traveled to USA on L1b and stayed there between August 2009 to Sept 2013.
Then my company applied for my H1B under cap exempt in Feb 2013. Now I am planning to join a MBA in USA in 2014. 1. If I do not get my H1B Cap exempt stamped and travel to USA on F1. Then Can I use the H1B petition(That was applied in Feb 2013 ) to apply for cap exempt after completing my MBA in 2016 and utilizing OPT 2017. And in case the answer is YES how long the H1B visa duration will be ? 2. If I travel to USA on H1B now and then transfer the status to F1 in 2014. Then can I apply for H1B in 2017 . Considering that I have spent 3(L1b Aug 2009-Sept 2012)+1(H1B May 2013-May 2014)+2(F1 June 2014- June 2016)+1(OPT June 2016- June 2017) = 7 Years in USA Without a complete year gap outside usa