Completed Visa tenure with no Green card application, when Can I apply my visa again

[sant8888]

Hi, I am working from X company on L1 Visa and completing 7 years of the stay in US in Dec 2017.  My company did not apply Green card so i have to return to Home country (India). My question is if i want to apply for H1 visa can i apply in CAP Apr 2018 and return to US after 1 year of cooling period. or should i wait till my cooling period to complete and then apply H1 in Apr 2019. Please advice.

[JoeF]

You have to be abroad for at least a year before a new L1 or H1 application can be FILED.

If you leave in Dec. 2017, an H1 application can be filed the EARLIEST in Dec. 2018. If the H1 quota is full by then, an H1 petition can only be filed in April 2019, for a start date of Oct. 2019.

BTW, this has been explained lots of times here before.

 

[sant8888]

On 9/21/2017 at 0:27 AM, JoeF said:

You have to be abroad for at least a year before a new L1 or H1 application can be FILED.

If you leave in Dec. 2017, an H1 application can be filed the EARLIEST in Dec. 2018. If the H1 quota is full by then, an H1 petition can only be filed in April 2019, for a start date of Oct. 2019.

BTW, this has been explained lots of times here before.

 

Thank You JoeF