Should I go for H1B next year?

[fromdips82]

Hello,

This is my first post in this forum.

I was in US in 2 phases both time in L1B visa.

1. Between June 2006 and December 2006(6 months)

2. Between April 2010 and November 2012(2 years 8 months)

My company had applied for my L1B extension this year but the L1B extension petition got denied by USCIS and therefore I had to come back India on November 30th this year. My company didn't disclose the reason of petition rejection and they said they have full rights not to disclose the reason to me.

I want to go again US and this time I want to go in H1B visa as I do not want to take a chance with L1B anymore. My company has selected me already as one fo the candidates for whom they should apply for H1B for the year 2013. My company has H1B quota from USCIS and a very popular and branded IT company in the world. However my company has also warned me that there is a very high chance my H1B visa for the year 2013 may get rejected due to the following 2 reasons.

1. My L1B petition was denied in November 2012. So this will go against me when my H1B petition gets processed during middle of 2013.

2. I have already stayed in US total 3.2 years in L1B so they will not like me to come in US again as outsourcing issue is going on for IT/Sofware enginners in USA

--can you tell me how valid the above 2 points are for my H1B rejection that my company is saying? Can my H1B visa for 2013 really may get rejected for the above 2 reasons or my company is probably guessing and the above reasons are not so valid? Hearing the 2 reasons of possible H1B rejections I am wondering if I should withdraw my name from H1B visa application next year and rather apply in 2014 to be in the safe side. Can you please advise?

Also I am not 100% sure about the 6 year rule of stay. If I go for H1B in 2013 and my visa gets approved how many years of H1B I will get?

1. Is it going to be 3 years?

2. Is it going to be 2 years only since I have stayed in L1B for 3.2 years and between 30th November 2012 and 1st October 2013 is leas than 1 year I am staying outside US? If they assign my visa only for 2 years considering I am falling in 6 years rule then does it mean I have to mandatorily come out of US after 1st October 2015 or I can go for an H1B extension in 2015?

[pontevecchio]

If you want a new total of 6 years a sponsor would file after November,2013 if the quota is still available.

[t75]

You get only 6 years total so you would get only 2.8 years. No extension unless a GC is in process under very specific conditions.

The petition on your behalf can be denied for any reason.

No one knows what the future holds. YOU cannot apply at all. In 2014, there may be no jobs.

[wiweq]

"My company has H1B quota from USCIS and a very popular and branded IT company in the world"

=> What quota?

"If I go for H1B in 2013 and my visa gets approved how many years of H1B I will get?"

=> Your H1b will be only for the length of your work (project period) up to (6 - 2 years 8 months). If your project is for 6 months, you will get H1b for 6 months.

"My L1B petition was denied in November 2012. So this will go against me when my H1B petition gets processed during middle of 2013."

=> It was not your petition, it was your employer's petition so the adverse effect will be on your employer not you.

[fromdips82]

Another related question.

What I understand that I will be getting max 2.8 years of H1B visa and mandatorily I have to stay 1 year out of US unless my employer starts processing my green card. But if I appear for my H1B visa interview in January 2014 and travel in January 2014 then basically I am staying total 13 months out of US. Does it mean my H1B 6 years clock will be reset and I don't need to stay out of US for 1 year? Or since my petition starts from October 1st 2013 USCIS will consider that as my H1B start date not the visa stamping date (Jan 2014) as my start date and my clock will not be reset?

[fromdips82]

@wwieq

thanks for your response...by quota I meant under H1B cap my company has some quota assigned....also my I-94 & petition both had expired in the same day in October 2012 and L1B extension decision I got in November 3rd week 2012 and therefore I had "unintentional illegal stay" of 45 days in US...does it have any negative impact in my H1B visa interview?