H1B petition reuse/transfer after H1B visa cancellation without prejudice

[rahulghai]

Hello Seniors,

Last year I used my 2006 year approved H1B petition to get an H1B stamp. Both the petition and the visa are to expire on 30 Sept 2009. I have not entered US on this visa yet.

Now my current company wants to transfer me on L1B visa. The L1B visa is useful for me at the moment becuase it will let my spouse get an EAD and begin her career in US (she can later look for H1B sponsors). I understand that on applying for my L1B visa, normally my existing H1B visa will get canceled without prejudice. Can you please help me with the questions below:

1. Once my H1B visa is cancelled, would that make my approved H1B petition also void? Next year before my exisiting H1B petition approval expires, can I apply for new H1B petition without being subject to the cap or lottery system? (as I understand is the case with respect to cap expemption, when one already has an approved petition, and hence effectively is just seeking a transfer)

2.) I am exploring a way to keep my existing H1B petition active after getting the L1B visa stamp and associated previous H1B visa cancellation. Please suggest me if there is a way. Please note that I am not too keen on joining my existing H1B sponsor next year, but want to be in position to do a H1B transfer next year to any other company while the H1B petition is still active.

Your help/insight/advice would be greatly appreciated.

Kind Regards
Rahul

[txh1b]

You should read the FAQ as well.

https://www.immihelp.com/h1-visa-faq/

1. No. Visa and petition are two separate things. You own the visa, employer owns the petition. Search for 'remainder' word on the forum and go through posts. You need not apply for a fresh H1 as you have been cap counted. The employer just needs to extend it.

2. The employer can renew the petition. But ensure it is not a COS (read through the forum as to why).