Would applying for a B1 affect my cap-exempt H1 status?

[nitty 0]

I got my H1B in 2013. After 3 years in the US, I moved back to India for personal reasons. Since, I still have some time left for the 6 years to finish, I believe I could do a cap-exempt H1B transfer to a new employer anytime before 2019.

I am wondering if it is OK to apply for a B1 (visitor visa) before this? Would I lose my cap-exempt status for a H1B transfer by doing so?

[Coco8 1,042]

There is no transfer for H1B. What is called "transfer" is actually a new application by the new employer because H1B is tied to the employer. So basically the new employer sends a petition for you. The only difference is that you can start to work immediately without having to wait for the new petition to be approved. But because your H1B is cap exempt you can probably only change to an employer that is cap exempt. 

 

Regarding the visitor visa, I think you could get a visitor visa. They might void your H1B visa on your passport but your petition with USCIS still lasts for 6 years. It would not matter because if you move to a new employer you would have to get a new H1B stamp on your passport anyway.