L1A on more than 6 years, want to file H1B

[bhrannai]

Hello..Good Morning..
I'm currently on L1A and been here in USA for more than 6 years and I'm thinking of filing H1B through a different employer. Since I crossed 6 years on L1A I understand I cannot work on Oct 1st 2015 as I need to spend 1 year outside the USA, however I would like to know is it possible to apply H1B in 2015 and go for consular processing( instead of COS) after Oct 2016 (basically after saying 1 year outside USA and then go to Consular processing.)....So that I don't fall under 2016 Quota of H1B Please advise

[raghvi]

Hello..Good Morning..
I'm currently on L1A and been here in USA for more than 6 years and I'm thinking of filing H1B through a different employer. Since I crossed 6 years on L1A I understand I cannot work on Oct 1st 2015 as I need to spend 1 year outside the USA, however I would like to know is it possible to apply H1B in 2015 and go for consular processing( instead of COS) after Oct 2016 (basically after saying 1 year outside USA and then go to Consular processing.)....So that I don't fall under 2016 Quota of H1B Please advise

No, you need to apply for H1 after staying out of US for a year. So if you leave now, you would be able to apply in April 2016 for a start date of Oct 2016.

This is my opinion not legal advice.