Apply H1 after 7 years of L1A. Cooling Period question

[aspirehigh123]

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

[pontevecchio]

You are looking at April,2020 if you leave in April 2019. That's the earliest they can file.

[JoeF]

You have to be outside the US for at least a year before a new H1 in the quota can be FILED.

If you leave end of April 2019, a new H1 can be filed end of April, 2020. If the H1 quota is full by then, an H1 could only be filed by April 2021.

If you leave before April 2019, a new H1 can be filed April 2020.

Does the company not have a lawyer? Every immigration lawyer knows this.