Can i apply for H1 B when i hold a valid unused L1 B?

[Merly]

I have a valid L1 B visa till Jan 2013. I had to travel for a different client not mentioned in the petition and due to the new immigration rule on relocation for L1 B I could not travel. Can i apply for H1 B visa when i hold a valid unused L1 B. Is there any chance of rejection in this case?

[kabkaba]

Your employer can file an H1 petition but not before April 1 for an Oct 1 start date unless you have had any H1 petition filed in the past. Having a previous L1 petition/Visa will not affect H1 either way.

[Merly]

Thanks for the reply. Yes my employer said that there is no objection for applying H1 B. But my concern is that will consulate reject my H1 petition as i have not used my L1B which is currently active

[bash1234]

L1 B New Rule

Can you tell me abt the new rule for L1 B. I am also on L1 B working in US for last 1.5 years and my visa is getting expired soon.

Wanted to know if I can work for different client on L1 B or not. Is it a good idea to go for H1 and do status change in Oct from L1 to H1?