L1 Extension Rejected, Applying for New H1B

[sivi3883]

Hi All,

This is my friend’s case –

He came to US on L1B visa after three years he applied for L1 extension, got RFE and it finally got rejected on March-14 and he is planning to leave the country by march 23.

He is planning to apply for new H1B visa through a consultancy he will get it stamped from India once it is approved.

Here are my questions –

1) Is there any cooling period in USCIS for applying a new Visa when you previous extension is rejected?

2) Since the L1 visa extension got denied does it affect his H1B or does he need to mention that when he is applying for H1B.

3) Is there any way he can do this without going back to India.

4) Is there any other risk factor in this process

Please I need your inputs and help on this!!!!

Thanks!!

Sivi

[Attorney_25]

1) No.

2) Depends on the reason for denial and also depends but generally no. It might be a good idea to show that an extension had been applied to show that he was not unlawfully present for 180 days or more if his I-94 expired that long ago.

3) Doesn't look like it, unless there is a motion or appeal filed on the L-1.

4) ?? Obviously H-1B petition is going to have to be strong enough to get consular approval, which is not always easy in India.

Your friend may want to schedule a consultation with a qualified immigration attorney to make sure all his questions are resolved.

[Guest Noah Lotte]

Sounds like USCIS realized that your 'friend' wasn't really a worker with specialized knowledge, and thus his H1B application will be viewed under a microscope, to make sure that the job offered is a specialty occupation, and that he (she) has the requisite educational background and/or combined experience...