Fresh application for H1B

[Man_A]

I want to know if I can apply for fresh H1B based on my duration of stay in US on different Visas.

 

My details are:

I had first H1B issued in 2005. I got an extension in 2007-08 which expired in Feb 2010.

I stayed for 3 years 4 months on H1 in US during this period.

 

From Jan 2009 to Apr 2012 I stayed in India

 

I got an L1B in Apr  2012 and travelled to US in Apr 2012. Till Sept 2014 I have stayed for  2 years and 2 months on L1 Visa.

 

So my total stay in US from 2005 to 2014 combined on H1 and L1 is 5 yr 6 months.

 

I want to know can I apply for fresh H1B? will I get an H1B for 3 years and if so do I need to wait for fresh visa application in April or can I apply based on me previous H1B petition.

 

Any pointers would be helpful

 

Thanking in Advance

Manish

 

 

[itsmeusa]

If you like to file for fresh H1b visa (cap) then you must stay out of US for 365 days or more and then apply for H1b. Looking at your dates, if you want to go with this strategy, you could apply H1b visa in Apr 2016 quota.