L1b Admitted 58 Months Apply for H1b With a Valid H1b Approval? I am on L-1b Visa. Had a Valid H1-b Petition (Filed 2008 - No Stamping Done). Can a Company Hire Me on H1-b on That Petition Now?

Location: Sunnyvale, CA

I am completing 5 years in USA on L1-B in next 2 months I have a H1-B petition ( i have i797c). This petition was approved in 2008. I went for the stamping and there was a RFE/ 221g but I never followed up after that.

Now that I am already in USA on L1B, Can a company in USA hire me on the approved H1-B petition of 2008 ? Will that company be able to do LtoH ?
Total stay in USA = 4 years and 10 months

Time spent in L counts against the H1B time. L1B time limit is 5 years . An H1B employer may sponsor you for an H1B new employment not subject to the cap petition until the 5 years is reached.

8 CFR 214.2(l)(12)(i).

Mr. Smith is an attorney with over 25 years of immigration experience with complex immigration issues and successful filings. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Smith's statement above does not create an attorney/client relationship.