L1 B extension denied and client is willing to sponsor H1B

[aimforthemoon]

I work for a top Indian IT company and was in the USA for 3 years working as a contractor for a USA client.Just before my L1B visa got expired, my company filed for L1B extension which got an RFE and then was denied by USCIS.I left USA and got back to India within 2 weeks of the denial.Now my client company in USA is offering me a full time position and also willing to file my H1B. My current employer is also planning to file and H1B and they dont know about the full time position plan from my client. While I am interested in the full time position of my client, I am unsure of how to proceed with filing the H1B: Should I proceed with having the USA client file my H1 or should I have my current employer file the H1?I want to choose whichever option gives me a better chance of getting the visa approved ?

1. If my client files an H1B for the full time position in USA, does it matter to USCIS that I will not have any paystubs to show at the time of my visa stamping as I will not be under the client's payroll until after I travel to USA. What are the chances of the stamping getting approved/rejected given that I am not on a rolling payroll with the client.
2.Or is it better for me to have my current employer file my H1B as I am already on their payroll for the past 5 years. Will that give me a better chance of the visa to get approved at stamping? After I travel to USA I can transfer my H1B to client employer.
3. Will the fact the my L1B extension got denied go against the H1B filing by either my current employer or client ?
Any advice is highly appreciated.

[kabkaba]

If you have not used 6 years in H1/L1 time before, any (or both) employers can file H1 petitions for you. After approval, you can get H1 Visa based on either petitions. Which employer you can work for depends on whose petition you use to enter the US. Paystubs are only required for the time you are present in the US.

[aimforthemoon]

Thanks

hi Kabkaba, thanks for your reply. If I read your message correctly, both employers can apply for H1 petition at the same time is that correct?
I read on some of the immig forums that having 2 H1 petitions filed at the same time gives a bad impression to USCIS as though I am trying fraud means to get to US by increasing my chances of getting an approved petition and hence they may reject my visa. What is your opinion ?

[kabkaba]

The same employer cannot file 2 petitions for the same beneficiary at the same time.