Apply L1 after 5 years of stay

[nathan06]

Hello folks,

I am in L1 and leaving to India in June 2012 after completing 5 years of stay.

My firm plans to apply for H1 so I can come back in a year. At the time of applying H1 ( April 2013) , I might not have completed my 1 year of stay outside the US. So am I eligible to apply before completing 1 year of stay ?

My date of travel can be no sooner than Oct 1st 2013 due to H1 regulations.

My question is : should the "one year of stay outside US" be counted against date of new application or date of entry ?

Thanks for your reply.

[jhonnywalk]

did you have any update on this?

[pontevecchio]

You are not eligible to apply until one year has passed.

[JoeF]

The 1 year abroad has to be fulfilled by the time of applying for an H1.