L1B + L1A - 7 Years Completing Soon... What next

[vduvv]

My wife has been in the US since 2008, on L1B and then L1A visa. Her 7 years end in May'15. Can she transfer to H4 (I have and H1B) for 1+ years and then apply for an H1 (say during Apr'16 or Apr'17) while remaining in US. Or does she have to move out of US for 1 year to do so?

Thanks
-V

[raghvi]

She will need to stay out of US for an entire year to be eligible for a fresh H1/L1. 7 years is a long time..what's the status on your GCs?

This is my opinion not legal advice.

[vduvv]

She will need to stay out of US for an entire year to be eligible for a fresh H1/L1. 7 years is a long time..what's the status on your GCs?

This is my opinion not legal advice.

Her firm does not sponsor GCs. We were hoping that she could take a break for a year or two (we have a 1 year old) before resuming work. The other option could be enrolling into a graduate school. Can she then look for work on OPT/H1 (not returning to US for 1 year all this while) ?

[raghvi]

Her firm does not sponsor GCs. We were hoping that she could take a break for a year or two (we have a 1 year old) before resuming work. The other option could be enrolling into a graduate school. Can she then look for work on OPT/H1 (not returning to US for 1 year all this while) ?

She can take a break no issues, but a fresh L1/H1 eligibility would need her to stay completely out of US for 1 Year. I dont know how enrolling in school in US would help if she needs to be out of US for an entire year. For H1 you might also want to time the exit carefully as fresh H1 applications are accepted only 01-April and can only start from 01-Oct of the year.

This is my opinion not legal advice.

[vduvv]

Thanks!