H1b application after L1b rejection

[pritam83]

I was in L1b visa for 3 yrs in USA. Then I came back to India for L1b visa renewal. But my L1b visa got rejected. Now another employer wants to file H1b visa in this year cap. I have 2 questions-

1. As my L1b got rejected so will there be any cooling time before I can apply H1b?
2. If I get H1b visa and travel to USA in October 2013, then how many more yrs I can stay in USA? ( I came back to India on Jan 2013 and want to return to USA on October 2013) To get the full 6 yrs time frame do I have to be in India for a year before I travel to USA?

Thanks in advance.

[raghvi]

I was in L1b visa for 3 yrs in USA. Then I came back to India for L1b visa renewal. But my L1b visa got rejected. Now another employer wants to file H1b visa in this year cap. I have 2 questions-

1. As my L1b got rejected so will there be any cooling time before I can apply H1b?
2. If I get H1b visa and travel to USA in October 2013, then how many more yrs I can stay in USA? ( I came back to India on Jan 2013 and want to return to USA on October 2013) To get the full 6 yrs time frame do I have to be in India for a year before I travel to USA?

Thanks in advance.

1. No "cooling off" period is required. As it is the H1 can start only 01-Oct-2013.
2. L1+H1 can be for 6 Years , so if you haven't spent 1 entire year outside US, you will get 6 Years- time already spent in L1 status.

To get full 6 Years H1, you need to apply for H1 After completing 1 entire year outside US.

This is my opinion not legal advice.

[amitkhade]

What is apply date for H1 ?

1. No "cooling off" period is required. As it is the H1 can start only 01-Oct-2013.
2. L1+H1 can be for 6 Years , so if you haven't spent 1 entire year outside US, you will get 6 Years- time already spent in L1 status.

To get full 6 Years H1, you need to apply for H1 After completing 1 entire year outside US.

This is my opinion not legal advice.

Hi Raghvi,

In above case, what is the apply date of H1 ?

1. April 1st 2015 - When H1 petition reaches USCIS
2. Somewhere between June and September - After Lottery and Petition getting approved by USCIS ?
3. October 1st 2015 - Assuming person travels after H1 is effective