Generally, an H-1B applicant is not subject to the annual cap if he/she has been counted against a prior cap. The particulars of any situation such as this should be examined with the sponsoring employer and their attorney to confirm cap exemption.
The short answer is probably not, although you would be well served to have your situation examined fully by an attorney. Had you filed an I-485 that has been pending for 180 days or more, you might have been able to "port" your employment and keep the GC matter alive. However, without the 485 in the queue, this will be an unlikely option.
A change in nonimmigrant status from L-1 to H-1B should not have an effect on the underlying green card petition so long as the offer of employment that served as the basis of the GC matter is still valid. The H-1B visa status might actually be to your advantage, as you may be positioned for post sixth year extensions of the H-1B visa if needed depending on the status of the green card matter.
Your likely referring to the March 14, 2000 USCIS memorandum on dual intent issued by Michael Cronin. The topic is covered Chapter 23 of the Adjudicator's Field Manual that can accessed at www.uscis.gov.
While your employer will need to file a new labor certification petition on your behalf, you can preserve (or transfer) your EB3 prioirty date to the EB2 matter once you have secured an approved I-140 petition. As such, the potential benefits to viable EB2 sponsorship can be significant.
The H-1B visa is a "dual intent" nonimmigrant visa category which essentially means that an individual can apply for their green card (or evidence immigrant intent) without jeopardizing their nonimmigrant H-1B status. As such, an application for an employment based green card should not present an issue at the time the H-1B visa is issued.
The Wage and Hour Division at the US Department of Labor enforces the proper payment of H-1B wages, and underpaid H-1B workers can notify the Agency of possible violations. The following link can be useful for affected H-1B workers: http://www.dol.gov/whd/immigration/h1b.htm
The site contains a H-1B Workers Rights Card that sets forth H-1B workers' rights and procedures for reporting violations.
Over the past several years, there have been extraodinary delays for most employment based green card cases filed on behalf of Indian citizens. The primary reason for these delays is the unavailability of visas that permit an applicant to reach the last stage of the process (adjustment of status). The Department of State issues a monthly bulletin that sets forth visa availability which you might find helpful (http://travel.state.gov/visa/bulletin/bulletin_1770.html). General information on...
Under current USCIS policy, an adjustment of status applicant with a valid EAD card can remain in the US and work irrespective of whether they hold/maintain a valid nonimmigrant visa. As a general rule, it is preferred that an AOS applcant continue to maintain valid nonimmigrant status, although it is not technically required.
I agree. The prevailing wage for an employment-based green card matter generally applies to the intended area of employment. However, if the position is subject to relocation, the prevailing wage should be obtained from the applicable area covering the employer's US headquarters and recruitment should be broad enough in scope to cover the anticipated work locations.