I will be completing 6 Years on my L1 Visa in the month of September-2014 and according to rule i can come back to USA after 1 yr completion of my stay outside US.

My question is when can i apply for H1B Visa.Can i apply on April-2015 since if i get Visa then i can work from october-2015 which is 1 yr gap. ?

i know that i can apply in April-2016 but that will be too late for me. I tried to get the answers from the attorney but they will charge a lot for answering this question.

  • 1
    Don't you only need to be away for one year to be eligible for the L1 status again, and not for others (like the H1B)
    – SztupY
    Commented Jul 17, 2014 at 8:39
  • @SztupY You have to stay out of the US for one year after exhausting limits on L1 or H1, before you can come back on any of those statuses. If you spent max years on H1b, you have to wait a year before coming back on L1b and vice versa. Otherwise companies would easily circumvent these limits.
    – littleadv
    Commented Jul 18, 2014 at 1:37

1 Answer 1


You need to be away for 1 year before being eligible for status. If you leave on September 30th, you're eligible for status as of October 1st the next year. If you apply in April - you're still going to be eligible for status as of October 1st, with or without the 1 year limitation. So it doesn't matter in your specific case. As long as you're staying for at least one year outside the US you're in the clear.

I see no reason why would you care about attorneys charging a lot. You're not supposed to pay a dime for H1b and employers are not allowed to shift any costs to you in any way. If they do - you can file a complaint with the DOL because they'd be breaking the law. That said, the question is trivial, and I doubt if it requires any significant research so if the attorney charges too much - you may suggest your employer to find a more qualified one.

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