H1B New Filing - with max out date issue

[vCGS]

Hi,

I been in US from Dec 2004 to Jan 2011. If vacations (out of US) days are excluded then I was in US for almost 5 years 9 months. For first 4.5 years I was in L1B and rest was in L1A. In 2011 Feb, my L1A stamping was refused. I am thinking of going for H1B?

1. Am I eligible for 2011-2012 quote H1B filing?
2. If max out date is problem, is it okay, If I can file H1B now, but go for stamping after Jan 2012 ( completion of one year outside US)?
3. When will USCIS/consulate consider 6 year max out date, is it during petition approval or stamping process?

Please suggest. Thanks in advance.

Regards,
CGS

 

[ginnu]

Hi,

I been in US from Dec 2004 to Jan 2011. If vacations (out of US) days are excluded then I was in US for almost 5 years 9 months. For first 4.5 years I was in L1B and rest was in L1A.
In 2011 Feb, my L1A stamping was refused.
I am thinking of going for H1B?
----- H1B petition approval does not mean that US consulate will stamp H1 Visa stamp. At this time US consulate is rejecting the H1 Visa stamps/H4 visa stamps. They are rejecting H1 Visa stamp for the H1 Petition filed by IT Consulting companies. If you have Direct employer who is ready to file H1 and your H1 gets approved and the US employer has Direct job for you then only go for H1.
1. Am I eligible for 2011-2012 quote H1B filing?
2. If max out date is problem, is it okay, If I can file H1B now, but go for stamping after Jan 2012 ( completion of one year outside US)?
3. When will USCIS/consulate consider 6 year max out date, is it during petition approval or stamping process?
----------------------If you have US employer ready to file H1 for you then send your above details to him and his Company lawyer will reply to you or to employer.
Please suggest. Thanks in advance.

Regards,
CGS

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