H1B Exhausted , New H1B or L1A Visa

[kandpal123]

Hi,

My six year of H1B is expiring in Nov 2017. I have plans to leave to India in first week of Oct 2017.

My doubt is when can I re apply for a fresh H1B visa, can i initiate it in March 2018 or i will have to wait for a full year for 2019 H1B cycle.  Also is there any alternate where we can apply for other Visa category ( like L1A ) without waiting for a year.

Please clarify.

Thanks,

Abhinav

[JoeF]

You have to be abroad for at least a year before a new H1 can be FILED. That means, if you leave in Oct. 2017, a new H1 can be filed at the earliest in Oct. 2018. If the quota is full by then, an H1 could be filed in April 2019, for a start date of Oct. 2019.

For an L1, you would have to have worked for the employer abroad for at least a year in the last 3 years.