B1 Cancelled, shall i go for H1B ?

[adimandoc]

My Business visa was cancelled and L1B rejected when I went for L1B processing this year, officer was not convinced with the fact that I was in US on B1 for business purpose, I stayed 3 months (first visit, I-94 for 3 months) & 5 months (second visit, I-94 for 6 months) on B1 visa around 4-5 years back, I was on business ‘requirement/knowledge transfer’ for a reputed bank both the times.
Now I am planning to go for H1B process this year, what are chances to get the visa. I have more than 8 years of experience in IT.
Can they reject H1B on the ground of my B1 cancellation ? Shall I wait for filing H1B, will it help if I file for H1B next year ?

[sriramusa]

Are you sure they denied L1 just because of B1 as these days lots of L1 are being rejected and embassy gives the reason that L1 is for a person with some specialized knowledge in a particulr domain and a different visa class(H1B) has to be applied. Which Consulate did you go to? Did they tell you that they are denying L1 because of b1 as you went to US on B1 long back.

[adimandoc]

Are you sure they denied L1 just because of B1 as these days lots of L1 are being rejected and embassy gives the reason that L1 is for a person with some specialized knowledge in a particulr domain and a different visa class(H1B) has to be applied. Which Consulate did you go to? Did they tell you that they are denying L1 because of b1 as you went to US on B1 long back.

I am not sure about it, but many times he told me " I don't believe your story" I had a long discussion with VO on my previous visits. He was not at all convinced with my previous business trips. But at last he told me to apply in other categories.

My question is, if I go for H1-B process now, next VO will ask me why my B-1 got cancelled and same questions about my stays on B-1. And i don't know what will help, how will i be able to convince him. Do i need any legal help, or any letters from my client for whom i stayed in US on B-1? Is there any special processing required for H1B ? or will they ask any proof while processing my case before H1-B interview.

[shervin143]

No one can predict whether they will ask you about your previous B1 or not. I am not sure why the VO is not convinced about your previous B1 entry. Maybe your employer had bad history of sending people in in B1 to work in U.S which isn't the sole purpose of B1. Getting a letter from the client (the client during your B1 entry) stating that you did not work in B1 and did not violate the B1 status will help. And they may not even ask you about the B1 when you for H1B. No one can predict. Instead of spending time thinking whether they might question you or not, you should try and see what happens. Get your documents in order his time and be prepared to answer questions about your previous U.S visits.

My question is, if I go for H1-B process now, next VO will ask me why my B-1 got cancelled and same questions about my stays on B-1. And i don't know what will help, how will i be able to convince him. Do i need any legal help, or any letters from my client for whom i stayed in US on B-1? Is there any special processing required for H1B ? or will they ask any proof while processing my case before H1-B interview.