1 year stay outside of US when applying for H1 visa after 7 years of stay in L1A

[inchuljang]

Hi,

I am aware that after staying in the US for 7 years with an L1A status I need to leave the US for at least 1 year to reapply for a visa (either H1 or L1). One other fact I came to learn was that if I want to reapply for an L1 (through my current company), I need to be working for my current employer during that 1 year stay abroad.

The question I have is if I intend to apply for an H1 after a 7 year stay in the US with an L1A status, do I have to work for my current employer during my 1 year stay abroad? Can I take a sabbatical for 1 year abroad and still be eligible for the H1 visa (granted my employer is willing to sponsor it)?

Any feedback would be greatly appreciated.

Regards,

IJ

[raghvi]

Hi,

I am aware that after staying in the US for 7 years with an L1A status I need to leave the US for at least 1 year to reapply for a visa (either H1 or L1). One other fact I came to learn was that if I want to reapply for an L1 (through my current company), I need to be working for my current employer during that 1 year stay abroad.

The question I have is if I intend to apply for an H1 after a 7 year stay in the US with an L1A status, do I have to work for my current employer during my 1 year stay abroad? Can I take a sabbatical for 1 year abroad and still be eligible for the H1 visa (granted my employer is willing to sponsor it)?

Any feedback would be greatly appreciated.

Regards,

IJ

Yes, you would be eligible. But remember to apply the H1 petition after staying out of US for 1 Year. So assuming you leave today, you cannot apply in April 2017 (as at that time you would not have completed 1 year outside stay), you can apply only in April 2018.

This is my opinion not legal advice.