H1B application after GC denial

[ekambara]

Hi all,

I have a question regarding GC denial and H1B application. My I-140 was denied based on company’s financial situation. My 6 years H1B period expires in June 2005. I am planning to stay outside USA for one year and reapply for H1B. One of my friends told me that if I apply for H1B again, the chances of denying H1B are more since INS officials can argue that I have intent to settle in USA (based on my prior GC application). Is it true?

Thanks,
ekambara

 

[kiran_k02]

I don't think so, as far as I know there should be no impact on H-1B visa based on immigration intent. H-1B holders can have immigration intent.
Student visa applicants should not have immigration intent.
Anyway I am not a lawyer but based on my experience I am very confident that H-1 B visa holders can have immigration intent.

I hope this helps.