Can I apply for a new L1 VISA before 1 year break in US stay

[VivekD]

I was on a L1B VISA from Jun 2007 to May 2012 (completed almost 5yrs). My I-94 expiry date was July 13th 2012 but I returned back to India on 20th May 2012 itself.

My company wants to be back in the US ASAP so I want to travel any day after May 20th 2013 (to ensure the clock is reset).

My question is, can I apply for a VISA (mostly L1A, premium processing) before May 20th 2013 itself and travel after May 20th or can I only apply after May 20th 2013 (after 1yr break is completed)?

Note: I know for L1A I can probably apply right away and stay for an additional 2yrs. However, having almost completed a year's break I would prefer to wait until May 20th and ensure the clock is reset and I am eligible to stay for a full 7yrs.

Just for easier reference - Today's Date is: 9th April 2013

[raghvi]

I was on a L1B VISA from Jun 2007 to May 2012 (completed almost 5yrs). My I-94 expiry date was July 13th 2012 but I returned back to India on 20th May 2012 itself.

My company wants to be back in the US ASAP so I want to travel any day after May 20th 2013 (to ensure the clock is reset).

My question is, can I apply for a VISA (mostly L1A, premium processing) before May 20th 2013 itself and travel after May 20th or can I only apply after May 20th 2013 (after 1yr break is completed)?

Note: I know for L1A I can probably apply right away and stay for an additional 2yrs. However, having almost completed a year's break I would prefer to wait until May 20th and ensure the clock is reset and I am eligible to stay for a full 7yrs.

Just for easier reference - Today's Date is: 9th April 2013

The petition has to be filed after 1 Year completion. One of the basic requirement of L1 is one Year service outside US for the company applying your L1 in last 3 Years.

This is my opinion not legal advice.