Is my H1B still valid?

[eg_yskaa]

Hi all,

 

I am currently holding L1 visa. I applied H1B. I got my H1B petition approved and I still haven't got my visa stamp. I was originally planning to get my visa stamp in late September. But recently my PERM application got approved also. I heard that EAD/AP is a better option and it can act as a subsitute as a working visa. My question is if I don't get my visa stamp, is my H1B petition still valid till 3 years later? The reason why I asked is because my company recently had a major layoff, I am not sure if I would be the next or not. So I will need to do H1B visa transfer in case they lay me off. Is my H1B visa still valid even I don't get my visa stamp and other company can still do H1B visa transfer?

 

Thank you for your time.

[itsmeusa]

Your H1b petition is definitely valid, however now that your H1b petition (COS from L1 to H1b) is approved, you must join your H1b employer in 30 days or start H1b transfer to a new H1b employer. Visa, petition and I-94 are 3 different things. 

[eg_yskaa]

Thanks for your reply itsmeusa.

 

>you must join your H1b employer in 30 days

I am already working with the same employer. They offer me L1 visa first, then after 2 years I asked them to change to H1B. And now my PERM approved and I am trying to apply to I-140 and AOS at the same time. So it is still ok if I don't get my H1B visa stamp? Because I am assuming I may get EAD/AP in 90 days. And having a H1B is a backup in case they lay me off in less than 180 days. In that case I assume I could still do H1B transfer to a new employer (even I still haven't got my H1B visa stamp). Am I understanding correct?