L1B To H1B

[swethaswamy1822@gmail.com]

If the L1B visa rejected for the reason apply in different category, can the candidate apply for H1B straight away?. Or has to wait for some specific period of time before any re-application?.

[raghvi]

If the L1B visa rejected for the reason apply in different category, can the candidate apply for H1B straight away?. Or has to wait for some specific period of time before any re-application?.

Two things can happen, first if the person held a H1 in last 6 years it might be possible to file for a transfer and immediately apply for H1 status. If not, the person can apply for H1 if the cap is open. If you never had an H1 before in last 6 years, then since the current years cap is closed, you can apply for H1 only in April 2013 and the start date will be 01-Oct-2013 or later for the H1.

This is my opinion not legal advice.