Applying for Hi B Visa After L1 B Rejection

[garman]

Hi,
My brother faced L1 Blanket rejection from New Delhi consulate few days back. Now his employer is trying for H1 B premium visa as the there is very critical requirement. He has an experience of 2 years and the consulate rejected his L1 by saying that with this experience on the given skill set I can't grant you L1 B visa, You should apply for H1 B.

I checked on USCIS website and found that quota for 2011 was over on Jan 26, 2011. Is there any possibility that if he apply for H1 premium now and can travel to US in next 30 -40 days? OR, Is there any other suggestions/options, Kindly let me know.

Warm Regards

 

[ginnu]

Hi,
My brother faced L1 Blanket rejection from New Delhi consulate few days back. Now his employer is trying for H1 B premium visa as the there is very critical requirement. He has an experience of 2 years and the consulate rejected his L1 by saying that with this experience on the given skill set I can't grant you L1 B visa, You should apply for H1 B.

I checked on USCIS website and found that quota for 2011 was over on Jan 26, 2011.

-------That is correct
Is there any possibility that if he apply for H1 premium now and can travel to US in next 30 -40 days?
-- NO,He cant file H1. only US employer can file H1 petition with USCIS on or after April 1 and once H1 gets approved then he should go for H1 visa stamping and can come to US if the US employer has real job.

OR, Is there any other suggestions/options, Kindly let me know.

Warm Regards

--------------------

 

[garman]

Thanks ginnu. Actually, his employer is applying for H1. Thats a very big multi national company. My only concern is that is there any H1 quota still available for 2011.. I understand that they can apply after April 01 but that will be for travelling dates in year 2012..

If not H1, is there any other options?

 

[BigJoe5]

Thanks ginnu. Actually, his employer is applying for H1. Thats a very big multi national company. My only concern is that is there any H1 quota still available for 2011.. I understand that they can apply after April 01 but that will be for travelling dates in year 2012..

If not H1, is there any other options?

The only other distant possibility is a B-1 visa for short term business trip with salary coming from abroad, but this requires a strong showing of a lack of immigrant intent which was not required to be shown for L or H visas. It is more likely than not that he will not be allowed to travel to the U.S. until getting the H1-B and cannot start work for the U.S. based employer until Oct 1, 2011. (FY 2012 starts on 10/01/2011)

The H1-B process is set to change, but it is already delayed and cannot be in place until April 2012, at the earliest. SEE: http://www.regulations.gov/#!documentDetail;D=DHS-2010-0097-0002 the propsed rule is discussed on around page 17 of the Notice.