Applying for new H1b by current employer when L1B extension is in progress

[pem007]

Hi,

My L1B extension is filed with USCIS and it is under initial review status.

As L1B extensions are getting rejected, we are thinking of applying for a new H1B in this april 2013 by the same employer.

my query is

1) Can i apply for a new H1B by current/same employer when my L1B extension is under progress?

2) If NO, when can i apply for new H1B?

my only concern is if I get an RFE and by the time I respond to RFE, H1B cap might be over and at the end if my L1B is rejected I will have no other option but to leave.

So please help me with better suggestions in this situation.

Regards,

Pem