Cooling period question - Will B1 travel impact H1 B cooling period ?

[amitkhade]

(Today's date - 5th Jan 2016)

Hi All,

Hope everyone is doing great , I wanted your help on the situation below.

I was on L1 B visa in the US with Employer A and I travelled back to India to March 28 , 2015 after spending close to 4.8 years on L1 B.

Now , I am with Employer B and they want to file a B1 visa for me (strictly for B1 allowed roles and responsibilities) in January'16 and travel in March'16.

I also intend to get a new fresh H1 B filed later with Employer B on April 1 2016 when I would complete 1 year cooling period (29 March 2015 - 31 March 2016).

I wanted to know if my B1 travel/application now (between Jan'16 and March '16) will have any impact of cooling off period for a fresh H1 b?

My duration of stay on B1 would be 4-6 weeks. I do not want to kill the cooling period for matter of couple of months but would go if B1 has no impact on cool off period.

OR Option 2 - Is it better to file for B1 visa after 1st April'16 so that a new visa application is made after cool off period ?

Thank you for your response and help in advance.

[shervin143]

You can apply for B1 anytime. But it is advisable to travel in B1 only after completing 365 out of U.S to avoid any unnecessary RFEs on your H1B.

[amitkhade]

Cooling period question - Will B1 travel impact H1 B cooling period ?

You can apply for B1 anytime. But it is advisable to travel in B1 only after completing 365 out of U.S to avoid any unnecessary RFEs when your H1B.

Thank you Shervin. Does that mean I can apply for B1 visa now (January) but should enter US after March 30th so that I physically stay out of US for 365 continuous days.

Some threads mentioned that even new Visa application date should be after 365 days , hence the query.

[shervin143]

Thank you Shervin. Does that mean I can apply for B1 visa now (January) but should enter US after March 30th so that I physically stay out of US for 365 continuous days.
>>> Yes.

Some threads mentioned that even new Visa application date should be after 365 days , hence the query.
>>> Not required.

[amitkhade]

Cooling period question - Will B1 travel impact H1 B cooling period ?

Thank you Shervin. Does that mean I can apply for B1 visa now (January) but should enter US after March 30th so that I physically stay out of US for 365 continuous days.
>>> Yes.

Some threads mentioned that even new Visa application date should be after 365 days , hence the query.
>>> Not required.

Great , Thanks. The replies were to the point.