Unused and Expired H1B

My H1B petition was approved May 2008 and was valid between Oct 2008 and Sep2011

I have never gone for stamping nor used H1B before

I came to USA in Jul 2013 on L1 and I am still in USA

Can I ask my employer to apply for COS from L1 to H1 using old approved petition under cap exempt?

Thanks in advance.

Rule of thumb is that cap-exempt H-1 can be filed within 6 years of original approval. However, USCIS hasn’t been enforcing this rule strictly off late (based upon people’s shared experiences). So your L-1 employer can try to file cap-exempt petition for you. Talk to their attorney.

i am on the same boat as you. my h1b was expired on 2014. I have spoken to a few guys on the similar case and they had a successful petition for cap-exempt h1b application. please shoot me a text at 774-314-7784 to discuss more -Aditya

From my consultation with alot of immigration attorneys (i shall not name) mentioned that H1b status have to be “activated” and worked for at least 1 day on H1b status. Not doing so is considered “abandoned” h1b application and will be considered for a fresh application within the numerical cap limit.