Spending at least a year outside the US to reset H1 clock

[bhagwaro]

Hi,

I have a query regarding H1/L1.

Please find below the details of the time I have spent in the US on different visas in chronological order:

1. H1 - Jan 2006 to April 2010 - Worked on H1 visa for 4 yrs and 2 months (excluding the time I was out-of-the-US on vacation)
   
2. F1 - May 2010 to July 2012 - Did 2 year MBA in the US on F1 visa
   
3. OPT - Aug 2012 till today – Currently working on OPT for last 5 months at a global firm
   

Now, my current employer has refused to sponsor my green card and is asking me to go to an office (of the same firm) outside the US and spend at least a year for H1 clock to reset.

I have following 2 questions:

1. If I leave the US in March 2012, would I be able to return back to the US in March 2014 on a new H1? Or do I have to wait till October 2014 to get a new H1 to return back to the US?
   
2. If it is not possible to return to the US in March 2014 on a new H1, then can I ask my employer to bring me back on L1 in March 2014? Can a L1 be filed and used any time of the year? Would I be able to stay on L1 then till I get my green card?
   

Ideally, I would not like to leave the US due to a family situation, so any other options you can suggest are greatly appreciated. It would help me with negotiations with my employer.

Thanks in advance.

[JoeF]

To get a new 6 years, you have to be outside the US for one year, and then an employer can file a new H1 under the quota for you.

[sachin9183]

Since, you still have some time left on OPT, I'd suggest you to change your employer and start working with a new one, who can start your fresh H1.

1. You will have to file a new H1 and that will only allow you to work starting October.
   
2. L1 can be filed but there's no guarantee that your employer is willing to bring you back on L1.
   

[t75]

You are only working on OPT! You are a newbie ang likely have little exceptional value to your employer. With the number of unemployed USC MBAs, you likely would bnot get through PERM,

Your employer has given you a directive. If you don't like it, find a new employer. Neither he nor the USCIS cares about your "family situation".

If you go through quota, you may begin working on Oct 1 at the earliest.

Why would you think someone at an "at will" job has any influence on his employer? I would hope that with your attitude, you would be sent packing when you refuse to comply with his request.