L1 B extension denied and client is willing to sponsor H1B

[aimforthemoon]

I work for a top Indian IT company and was in the USA for 3 years working as a contractor for a USA client.Just before my L1B visa got expired, my company filed for L1B extension which got an RFE and then was denied by USCIS.I left USA and got back to India within 2 weeks of the denial.Now my client company in USA is offering me a full time position and also willing to file my H1B. My current employer is also planning to file and H1B and they dont know about the full time position plan from my client. While I am interested in the full time position of my client, I am unsure of how to proceed with filing the H1B: Should I proceed with having the USA client file my H1 or should I have my current employer file the H1?

1. If my client files an H1B for the full time position in USA, I will not have any paystubs to show at the time of my visa stamping as I will not be under the client's payroll until after I travel to USA. What are the chances of the stamping getting approved/rejected given that I am not on a rolling payroll with the client.

2.Or is it better for me to have my current employer file my H1B as I am already on their payroll for the past 5 years. Will that give me a better chance of the visa to get approved at stamping? After I travel to USA I can transfer my H1B to client employer.

3. Will the fact the my L1B extension got denied go against the H1B filing by either my current employer or client ?

[pontevecchio]

1. You have the cart before the horse. How do you expect to have stubs from the client? You do not need any.

2. A direct hire is always better. Aside from the question of ethics...

3. It depends on many factors.. But my 2 cents...possibly not.

[aimforthemoon]

1. Thank you for your reply pontevecchio. I am assuming in your reply point #2 when you said direct hire you meant that if the USA client files my H1B and hires me directly it is better than if my Indian company applies for H1 , correct?

That would be my option too but my only concern was which option was better in terms of getting approval for my H1B by USCIS. The company for which I already have paystubs, or the company for which I do not have paystubs ?

2. Also in the event that the H1B filed by my client gets rejected ,what is the recommended period I should wait before I can re apply H1B from my Indian company ?

3. In scenario#2 above , will my current employer ever come to know during the processing of my H1B that my client has attempted to file a H1B in the past?

[pontevecchio]

1. If your H1 is filed by your employer and you will work for this employer as opposed to through multiple layers I suspect you have a better chance.

2. You can have anyone else apply immediately if one H1 petition is rejected.