L1 - H4 or F1 status

[marnv0]

Hi,

Me and My Wife work for a company 'A' on L1B and H1B respectively. My L1B visa is getting expired on June 2013 after working for 5 Years, below are my questions regarding my extension.

1. Change of status to H4 from my L1, wait for an year and try find an employer who can file H1 under annual Cap

2. Join an premier institute for an MS course and change my status to F1 complete the course [2 years] move to OPT and then find an employer to file H1

Does the 365 day cooling period rule apply in either of the options, please explain.

[Attorney_23]

The 'cooling off' period only applies if the individual is outside the U.S. for 1 year.

[marnv0]

Thanks for the reply, Could you also clarify the following query

If my employer initiates the New H1 this April and I travel back to India after my L1B expires after Jun 2013, Would I be getting full quota of H1b duration [3years plus 3 Years in extension if any] provided if I stay outside USA for an year until June 2014. Please explain

[Attorney_23]

In general, the petition must be filed after the individual has been outside the U.S. for 1 year in order to be eligible for a full 6 years of H1B.