L1B->H1B transfer : Cooling period : cap exempt filing?

USA H1B
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1

Hi Team,

Spent almost 5 years ( 15-MAY-2017 → 02-MAY-2022 ) in USA on L1B Visa.
Received H1B Visa recently for only 6 months, Petition & Visa Expires on 26-Jun-2023 ( L1B → H1B transfer )

Due to short term travel limitation [ till 26-Jun-2023 ] with current Visa, I have decided to serve my L1B cooling period in India which will be completed on 02-May-2023.
Can my employer apply for cap-exempt visa NOW in India and travel to USA after my cooling period is completed? OR
Should my employer wait till my cooling period is completed and then i apply for cap-exempt visa and travel after visa approval?

Best Regards:

2

The visa (in passport) validity is matched with the petition validity. So, it is useful only when you have got longer validity after the cooling off period.

I suggest to apply the H1B extension after cooling off period is over, get approval and then apply for visa stamp.

3

ThankYou! Anil for Suggestion