H1B visa application after L1A rejection


I was in US on L1B visa and stayed there for little over 5 years (17th Sep 2007 till 11th Nov 2012), however my L1B visa was valid till 10th May 2012, but while I was in US, my company applied for my visa extension under L1A category in Feb 2012 and USCIS denied it on Oct 30th 2012 so I left the country on 11th Nov 2012.

Now I am planning to apply for H1B visa through same company in Apr 2013 under 2014 quota. Could you please advise what are my chances of getting approval for my H1B application? Does my L1A rejection have any impact on my H1B application? Also will I get fresh visa of 6 years if I enter US after 11th Nov 2013? Or I will get visa only for balance 1 year? Also advise if I have to take care of anything during applying for my H1B visa? Please advise.

Warm Regards

In general, if you have stayed on L1B before H1B is approved, then those years are counted related to your maximum stay in H1B.

This is correct as you would have stayed outside US for less than 365 days prior to applying H-1 petition. Your position should be H-1 eligible for it to get processed successfully. Also, you should be qualified for that position.

Hi Saurabh,
If I enter in US after staying 1 year outside of US then also I will get H1 visa only for the balance period of 1 year as I had stayed 5 years on L1B visa? Please advise.

You will be eligible for 6 years of H-1 if you stay outside US for more than 1 year. It may be issued in slots of 1 year or 3 years depending upon what employer requests and what USCIS seems appropriate.

Thanks Saurabh for replying.
So if I apply for H1B visa in April 2013 and enter US after completing 1 year of stay outside US, then I will be eligible for total 6 years of H1B visa, no matter if it is issued in slots of 1 / 3 years? Please re-confirm.

Thanks and Regards.

I am not sure about it, if the H-1 needs to be applied after staying outside US for more than 1 year; or can you apply before end of 1 year but enter US after completing the 1 year term. You can check w/ an attorney about it.