New L1B or H1b after 5 years of stay in US with L1 and max out

[trpimmmig_zen]

Hi,

I currently having L1B visa max ing out in Sep 2015. I applied for L to H converison for 2014 and 2015 , my case not picked in the lottery.
I am leaving US before Spe 2015 ( max out date) and planning to work from my current company at offshore.
I know that i can come back to US only after 1 year but my questions are,

1. Do i have to wait for 1 year to apply for new L1B or i need to wait until Sep 2016 to apply for new L1
2. Do i have to wait for 1 year to apply for new H1B (APR 2017) or i can apply new H1B for Apr 2016(effective OCT 2016).

Please advise.

[raghvi]

Hi,

I currently having L1B visa max ing out in Sep 2015. I applied for L to H converison for 2014 and 2015 , my case not picked in the lottery.
I am leaving US before Spe 2015 ( max out date) and planning to work from my current company at offshore.
I know that i can come back to US only after 1 year but my questions are,

1. Do i have to wait for 1 year to apply for new L1B or i need to wait until Sep 2016 to apply for new L1
2. Do i have to wait for 1 year to apply for new H1B (APR 2017) or i can apply new H1B for Apr 2016(effective OCT 2016).

Please advise.

1. You have to wait for 1 year. USCIS needs to see evidence of 1 Year outside stay, so unless you stay out for 1 year you cannot provide that evidence. The earliest you can apply fresh L1 would be Sep 2016.
2. You have to wait for 1 Year. USCIS needs to see evidence of 1 Year outside stay, so unless you stay out for 1 year you cannot provide that evidence. The earliest you can apply fresh H1 would be Sep 2016 but seeing past trends its highly unlikely that cap will be open till Sep 2016, so you have to apply in April 2017.

One thing you can certainly do is apply again in April 2016, and if selected you would get H1 for 1 Year starting Oct 2016 till Oct 2017 That gives you and your employer enough time to start GC now so that the same H1 can be extended beyond Oct 2017. But if the employer unwilling to apply GC then that's a different issue altogether.

This is my opinion not legal advice.

[trpimmmig_zen]

1. You have to wait for 1 year. USCIS needs to see evidence of 1 Year outside stay, so unless you stay out for 1 year you cannot provide that evidence. The earliest you can apply fresh L1 would be Sep 2016.
2. You have to wait for 1 Year. USCIS needs to see evidence of 1 Year outside stay, so unless you stay out for 1 year you cannot provide that evidence. The earliest you can apply fresh H1 would be Sep 2016 but seeing past trends its highly unlikely that cap will be open till Sep 2016, so you have to apply in April 2017.

One thing you can certainly do is apply again in April 2016, and if selected you would get H1 for 1 Year starting Oct 2016 till Oct 2017 That gives you and your employer enough time to start GC now so that the same H1 can be extended beyond Oct 2017. But if the employer unwilling to apply GC then that's a different issue altogether.

This is my opinion not legal advice.

Raghvi. Thanks for the reply.
My employer already applied for PERM and approved already. 140 application is in progress.
So i can apply h1 again next year APR 2016 and even if i go out of US , my 140 application will still be valid right.

[raghvi]

Raghvi. Thanks for the reply.
My employer already applied for PERM and approved already. 140 application is in progress.
So i can apply h1 again next year APR 2016 and even if i go out of US , my 140 application will still be valid right.

I140 would be valid as long as employer doesn't withdraw it. So apply H1 next year and hope for the best. If selected and approved, the same H1 can be extended beyond your 6th Year completion based on PERM/I140 approval.

This is my opinion not legal advice.

[trpimmmig_zen]

I140 would be valid as long as employer doesn't withdraw it. So apply H1 next year and hope for the best. If selected and approved, the same H1 can be extended beyond your 6th Year completion based on PERM/I140 approval.

This is my opinion not legal advice.

Thanks Raghvi for the reply. I came out of US after the max out and currently working in india. Can i apply H1 from india in April 2016. Please advise.

[raghvi]

Thanks Raghvi for the reply. I came out of US after the max out and currently working in india. Can i apply H1 from india in April 2016. Please advise.

Yes you can.

This is my opinion not legal advice.