L1B Visa,Have Approved H-1,COS denied last yr. Can we try again with another employer

[devenderthota]

I am working on L1-B visa. Have approved H-1B from 2008-2011 Oct.

Last year, my employer tried for COS from L1-H1B, got denied. Now i have another job from other employer, can i re-use the same H1-B for COS and Transfer?? is the petition still valid?

Please suggest.

-Devendar

[shervin143]

The petition may or may not be valid and that should not be your concern, since you are not going to work for the employer who sponsored your H1B. The CAP on that H1B will be still valid to transfer to another employer. Just give the new employer a copy of that H1B approval notice and they can use the CAP number from that petition to file a new H1B. You will get 6 years minus time spend in H1B status (if any) minus time spend in L1 status.