H1 L1 cool off period


vvips

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Hi,

 

I traveled back form US (11 month stay) on L1 Visa in Oct 2009.  I changed my company and applied for a new H1B visa in Aug 2010 which was approved in Oct 2010.  I traveled to US again in March 2011.  Overall, I stayed out of US for more than 1 year but my application was approved 6 days before I completed 1 year in India.  I just got a last 2 year approval from USCIS (for full 6 years period on H1b) but my company attorney is telling me that I have not met the cool off period because application was approved before 1 year of cool off period.  I want to know if cooling off is related to travel dates or application date?  Should I go back or stay for full 6th year on H1B.  I just filed PERM also last month.

 

Thanks for any advise.

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