New H1 when L1 is not expired

[jkghere]

Hi

I was in US from Aug 2006 - June 2009 in L1 visa and then back to India. My employer is ready to apply H1 visa. I have the following queries:

1) Do I need to tell them to wait till June end to apply my H1 so that I will complete 1 year outside US to get the full 6 years of H1 (I know cap may get filled if I wait but still i need to know whether my understanding is correct) or they can apply for H1 now only because by Oct I will any way complete 1 year out side US.

2) Please let me know whether this 1 year outside US is the day we apply for a petition or day we go to US?

3) My L1 is still valid till Sep 2010. Does this has any thing to do with it?

Thanks

[shervin143]

1) Do I need to tell them to wait till June end to apply my H1 so that I will complete 1 year outside US to get the full 6 years of H1 (I know cap may get filled if I wait but still i need to know whether my understanding is correct) or they can apply for H1 now only because by Oct I will any way complete 1 year out side US.
>>> Yes (If you want a fresh 6 year term)

2) Please let me know whether this 1 year outside US is the day we apply for a petition or day we go to US?
>>> 1 years hould have been completed when your application is taken for processing.

3) My L1 is still valid till Sep 2010. Does this has any thing to do with it?
>>> No.