L1-A to H1B Transfer during 6th Year

[dona007]

I have below question:
I am on L1A from Comp-1. My 6th year L1-A status will be completing on Sep-2011. Now Comp-2 is filling H1B for me on 1st April 2011. I was in US since the beginning of L1-A period (i.e. Oct-2005) with Comp-1

1.) Do I need to go back to India and stay for one year before I can come to US in that H1B that Comp-1 has processed?
2.) If I go back to India and come back after one year, can I use the same H1B that Comp-1 has processed during April 2011? Or They need to file fresh H1B ?

[shervin143]

With L1A, you can stay in U.S for 7 years. If you switch to H1B, then the total time that you can spend in U.S on L1 + H1B together is only 6 years. You don't qualify to apply for an H1B this April. There is no point in filing an H1B this April with 6 years completing in the month of September 2011 (Where the start date of H1B will be only on Oct 1st). You should either continue to stay for 1 more year in L1A or leave the country after 6 years and file a H1B next April (That way, you will complete one year outside U.S and you will get a fresh 6 year term on H1B).

[dona007]

Hi Shervin143,
Thanks for posting reply with valuable information. Appreciate that.