H1 B Confusion

[manojjayam]

Hello Members,

I am confusing situation regarding my H1, my case is like this. I have a Master's degree from USA.

1) 2008 H1 B for Company A approved but came back to India and did not for for stamping

2) 2010 H1 B for Company B approved went ahead for Stamping but was rejected and petition sent back to USCIS.

Now my current company that I work for is willing to process my H1 or L1 and since H1 quota is up I think they will take L1 route which is seeing high number of rejections these days.

My questions are as below

1) Will my 2008 petition which was never used be counted against cap?

2) Will my previous rejection of H1 in 2010 and sending back of petition have any negative effect on H1 or L1?

Hoping for your help in getting my doubts cleared out and get some sleep :)

Thanks

[chtummala]

you are cap exempt ..

your employer can file H1B

[luck2u]

@manojjayam:

1) You are cap exempt and hence your existing employer can apply H1B for you.

2) As long as you provide all required documents during your H1B visa interview, earlier rejections wouldn't matter. There are few people in same situation as yours who got H1B visa approved this year, but VO didn't asked about earlier H1/L1 rejection. That is depend on VO whom you will face during visa interview which we cannot judge at this point.