Eligible to apply H1 during cool off period from previous L1A

[rajesh_agarwal123]

Hi,

I am currently on L1A and almost completed my 7 year term. This question is regarding the cooling off period and I understand that for one year I have to be out of the Country after I complete my 7 year term.

I will complete my 7 years on L1A in May 2019 and I plan to return to India by end of April 2019 (1 month prior to expiry)

My company is ready to apply for my fresh H1 from India for April 2019 cycle.

Question is if it is allowed to apply for the fresh H1 during cooling off period or I will have to wait for another year till I am eligible to apply for a fresh H1 ONLY after the cooling off period is completed.

Many Thanks

[Libra_14]

Question is if it is allowed to apply for the fresh H1 during cooling off period or I will have to wait for another year till I am eligible to apply for a fresh H1 ONLY after the cooling off period is completed.

Yes, its allowed to file H1 immediately.

Technically there is no cool off period, but to reapply for another fresh L1A you need to prove that you worked for that company for an year outside USA & hence you stay out.

That requirement is not there for H1 & hence you can apply immediately.