Want to change L1 to h1 (unused expired H1b petitions )

I have been working for an employer A since last 8 years. I am inside the US on a L1B visa through employer A from (Nov-2007-June 2013) and also will be completing 5 yrs on L1.So my employer A have decided to apply H1 for me in 2014 CAP, so that I can go back to India and again have to come in Oct.but I have an unused expired H1b petitions for 2009 CAP which got expired nov-2012 from employer B.

Can I ask my employer [b]A[/b] to use that unused expired H1b petitions from employer  [b]B[/b] to apply for CAP-EXEMPT H1B for an immediate start after June because I don’t have any visa to stay after June 2nd.


Any help is really appreciated !

Yes, this is possible. You can use your past/expired H1-B and that would be cap exempt and you can start on H1B from June itself.

Alternatively, you can go outside US and stay for an entire 1-year duration and can file for a new H1B to get a fresh 6-year duration on your new H1B. Stay outside US for 1 year is important for this.