Post H1 B Expiration & Re-enter

[narayanan]

My H1 B expired on jan 12, 2012 and prior to its expiration, I moved back to India. There is a sister company of the company I currently work in India. Am I eligible for applying for L1 visa only or can the employer in USA process H1 also? I am looking for options to obtain work in the US.

[Attorney_23]

One of the chief requirements for L-1 status is that the individual ordinarilly must work for the foreign employer overseas for at least one year in a specialized knowledge or managerial capactiy.

[narayanan]

On that note, I moved back to India on Aug 2011 and started work with the Foreign Employer in india since then as a senior managerial capacity Would I be eligible for L1 come August 2012?

[livliv]

To add to the above, time spent in the US in L1B status is limited to 5 years and H1 time also counts towards that. So you will have to spend 1 year outside if you have had more than 5 years of H1 time.