1 year cool-off period

[voyager2007]

After completing 6 years on H1B visa or 7 years on L1A visa, there is a 1 year cool-off period during which person has to stay outside US. Is this cool-off period applicable for application of next visa or for travel. If a person is completing his max visa period in November 2014, and travelling back in November 2014, is that person eligible to apply for H1B visa in March 2015?

[raghvi]

After completing 6 years on H1B visa or 7 years on L1A visa, there is a 1 year cool-off period during which person has to stay outside US. Is this cool-off period applicable for application of next visa or for travel. If a person is completing his max visa period in November 2014, and travelling back in November 2014, is that person eligible to apply for H1B visa in March 2015?

No. The next petition H1 or L1 has to be filed after staying out for 1 Full year. So if a person leaves in Nov 2014, he/she has to apply fresh H1/L1 after Nov 2015. The challenge becomes that H1 cap rarely remains open till Nov of a year, so the next window would only be April 2016, with a start date of Oct 2016.

This is my opinion not legal advice.

[amitkhade]

After completing 6 years on H1B visa or 7 years on L1A visa, there is a 1 year cool-off period during which person has to stay outside US. Is this cool-off period applicable for application of next visa or for travel. If a person is completing his max visa period in November 2014, and travelling back in November 2014, is that person eligible to apply for H1B visa in March 2015?

Hi Raghvi,

Thanks for the clearer definition of cool off period.

Quick question - When a candidate applies for second fresh H1 after a valid cooling period, do they become part of lottery pool OR are they counted outside lottery since that person was already (high probability) counted against lottery once at the time of their first H1 ?

[raghvi]

Hi Raghvi,

Thanks for the clearer definition of cool off period.

Quick question - When a candidate applies for second fresh H1 after a valid cooling period, do they become part of lottery pool OR are they counted outside lottery since that person was already (high probability) counted against lottery once at the time of their first H1 ?

A Fresh H1 is always part of a lottery pool (if there is a lottery). Example, if one goes through lottery say in 2005, stays till 2011, and then leaves US and applies again in say 2012 or later(after cooling off)hen he/she has to go through lottery again, if there is lottery.

Having already been part of an earlier lottery and having exhausted 6 Years does not prevent one from going through lottery again.

This is my opinion not legal advice.