L1A to H1B

[neeraj41]

I would Max-Out in April 20, 2017 and am currently on L1 A visa with approved I-140 under EB3 category.

Here are my questions?

1)Can my employer apply for 2016-17 H1B CAP? Will there be a problem because my 6 Year ends on April,2016??
2)Will my employer apply for H1B along with an extension of 3 Years?
3) In my L1A stamped Visa, the PED is 30 March 2017 and Visa expiration dt is 15 Oct 2019. If at all I had to go back to India after April 2017; would I be able to come back on the same Visa (with new Petition) after a gap of 365 days or would it require a new Visa all together???

[Libra_14]

1. Yes.
2. Yes, he can
3. You need a valid visa every time you try to land in US (approved petition won't work). The visa can be old or new.

[neeraj41]

1. Yes.
2. Yes, he can
3. You need a valid visa every time you try to land in US (approved petition won't work). The visa can be old or new.

for #1 - are you sure about that? My employer is saying there has been change in rule from USCIS and they would not be able to file new H1B under this cap as I would be completing 6 yr by April 2016 (prior to Oct 2016)

#3 - I would have approved Visa as it is stamped until March 2019 but the PED on the visa is mentioned as March 2017. Would I still be able to travel back using the same visa???