H1B Rejected My next step.PLEASE HELP!!!

Hi I applied for H1B this year.I got an email fro my attorney saying

Unfortunately, the H-1B cap was filled last week. In addition, the LCA was still processing so your application cannot be counted towards this year’s H-1B cap.

Can you guys please suggest me what is my next possible step to continue my work with the company.My opt is expiring on Aug15

Can I go to India and work for my company as a contractor or full time employee.If yes,May I know the process for that


As an Indian you are legally authorized to work with your employer in India as full time emplyee if your employer agrees and relocates you.

If my company is willing to apply for H1B next year for me.May I know the possible time for me to comeback to USA if I get my stamping done.Also,is it possible to apply for H1 and H4 at the same time

  1. If your company is ready to file H1 for FY 2015, the earliest you can apply is Apr 1, 2014 and start working on Oct 1 2014.
  2. You can apply for both H1 and H4 at the same time but I believe whichever comes later is what will be in effect.(Not very sure)

Have you already completed full term in OPT? If not why not file an extension from here?

I am currently in my Opt extenstion and it expires on Aug15.Is it true that I can apply L1B right now to work here?If yes will it create any problem for me for my H1B next year

L1B requires specialized skills. If you have some you can apply is what I believe - not sure if you can apply for L1 only from India. L1 to H1 next year should not cause any issue.

Thank you so much for your reply.I did my masters in Digital media sorry for troubling you.May I know when I can apply for L1B visa.Can I apply right now and do I need to go India or can I stay in US and apply.Please let me know.Thank you so much

From USCIS website: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=bfd10b89284a3210VgnVCM100000b92ca60aRCRD&vgnextchannel=bfd10b89284a3210VgnVCM100000b92ca60aRCRD

General Qualifications of the Employer and Employee
To qualify for L-1 classification in this category, the employer must:

Have a qualifying relationship with a foreign company (parent company, branch, subsidiary, or affiliate, collectively referred to as qualifying organizations); and
Currently be, or will be, doing business as an employer in the United States and in at least one other country directly or through a qualifying organization for the duration of the beneficiary’s stay in the United States as an L-1. While the business must be viable, there is no requirement that it be engaged in international trade.
Doing business means the regular, systematic, and continuous provision of goods and/or services by a qualifying organization and does not include the mere presence of an agent or office of the qualifying organization in the United States and abroad.

To qualify, the named employee must also:

Generally have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding his or her admission to the United States; and
Be seeking to enter the United States to provide services in a specialized knowledge capacity to a branch of the same employer or one of its qualifying organizations.
Specialized knowledge means either special knowledge possessed by an individual of the petitioning organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization’s processes and procedures (See 8 CFR 214.2(l)(1)(ii)(D)).

Overall, what I know is you need to be with the employer for atleast 1 year. (My employer started my L1 only after 3 years of exp.).

Please read my post and vote for this petition and spread the word to others: http://redbus2us.com/qa/9659/please-vote-for-this-petition