Cooling Off Period

[igen2012]

I made my exit from US on 1-Oct-2016 after my L1B visa expiry. I travelled to US on this visa multiple times and have stayed for a total time of around 4 years in the US on this visa in all these multiple visits.

1. If I apply H1B in the next session can I expect to get H1b max allowed time(6yrs) - time spent on L1B(4 yrs) = 2 years on H1B? If not what would be the
time I can get on H1B without cooling off period of 1 year being completed.

2. How will the cooling off period of 1 year be calculated before I can expect a fresh count on any L1/H1 visa that I may apply.
a. Is it calculated as from (us exit date) to ( next visa petition filed date)?
b  Is it calculated as from (us exit date) to ( next visa petition approved date)?
c  Is it calculated as from (us exit date) to ( next visa stamped date)?
d  Is it calculated as from (us exit date) to ( us entry date on next visa)?

3. My spouse is currently in US on H1B with approved I140.If I apply for H4 visa what will affect my cooling off period of 1 year in terms of H4.
a. H4 visa application filed date( Should be 1 year from US exit date on my l1b)?
b. H4 visa application approved date( Should be 1 year from US exit date on my l1b)?
b. us entry date on H4 visa application( Should be 1 year from US exit date on my l1b)?

[JoeF]

If the H1 is filed in April 2017, you would only get the remainder time.

The rule for resetting the clock is that you have to be outside the US for at least a year before a new application is FILED. Changing to another status doesn't help. You have to be outside the country for a year.

 

[igen2012]

10 hours ago, JoeF said:

If the H1 is filed in April 2017, you would only get the remainder time.

The rule for resetting the clock is that you have to be outside the US for at least a year before a new application is FILED. Changing to another status doesn't help. You have to be outside the country for a year.

 

Thanks for the reply. A couple of followup queries:

a. Will the H1b filing date  be Apr 2017 or Oct 2017?

b. Will H4 filing date( not travelling on it) if applied within one year of exit date also impact the cooling off period ?

Thanks.

[JoeF]

Since the quota closes pretty soon after April 1, the filing date would have to be in early April for a start date on Oct. 1.

An H4 is completely irrelevant for this. The rule is that the person has to be abroad for a year before an H1 is filed. A stay in the US on H4 does not help at all.