L1 Visa Max Out

[singhjaj]

I have been working on L1A visa for 6 years and 2 months.

Is it possible to get H1 work visa after not working for a year but still staying in the country on a dependent visa?

Additionally, when is the earliest I can apply for H1 in the following scenarios?

• I quit job in February and switch to H4 and stay in country? - I am assuming I can apply next year for March 31 deadline for H1b effective October 1, 2015
• I quit job in between August and October and switch to H4 and stay in country? - Can I still apply next year for March 31 deadline for H1b effective October 1, 2015?

Thanks in Advance
Jai

[raghvi]

I have been working on L1A visa for 6 years and 2 months.

Is it possible to get H1 work visa after not working for a year but still staying in the country on a dependent visa?

Additionally, when is the earliest I can apply for H1 in the following scenarios?

• I quit job in February and switch to H4 and stay in country? - I am assuming I can apply next year for March 31 deadline for H1b effective October 1, 2015
• I quit job in between August and October and switch to H4 and stay in country? - Can I still apply next year for March 31 deadline for H1b effective October 1, 2015?

Thanks in Advance
Jai

In order to file fresh H1 you need to be out of the country for one full year. You cannot reset clock by staying in US.

This is my opinion not legal advice.

[singhjaj]

In order to file fresh H1 you need to be out of the country for one full year. You cannot reset clock by staying in US.

This is my opinion not legal advice.

Thanks for your reply. So, you mean to say that I can stay in US on H4 but to reset the clock for my next work Visa, I have to leave the country for one year. Is my understanding correct? Additionally, will moving to F1 visa reset the clock?

[raghvi]

Thanks for your reply. So, you mean to say that I can stay in US on H4 but to reset the clock for my next work Visa, I have to leave the country for one year. Is my understanding correct? Additionally, will moving to F1 visa reset the clock?

Yes, you can stay on H4. Moving to F1 is allowed, but will not reset your clock. As and when you file next H1 you also have to show proof that you were out of US for an entire year in order to be eligible for it.

This is my opinion not legal advice.