L1 (max out) to H4 to H1B - Do I need to go out of US for 1 year ?

[vasudevadv]

Hi,

I am in a difficult spot trying to apply for H1 and need few questions answered.

My visa status and US entry exit are as below.
H4 - 3/16/2016 till date
L1A - from 04/20/2010 to 2/22/2016

Q1. I am planning to apply for H1B this year (April 2017) and need to know if I am eligible to apply, based on the above US stay and prior / current visa status?

Q2. Do I have to go to out of USA for at least 1 year and then come back, since I have almost spent 5 years 7 months on L1 work permit.

Q3. Will 1 year on H4, living within US count as the 1 year gap required (supposed to be out of country) to apply for a fresh H1B this year.

Q4. If I can apply for H1, Will that make any difference in applying as COS vs Consulate processing.

[raghvi]

Hi,

I am in a difficult spot trying to apply for H1 and need few questions answered.

My visa status and US entry exit are as below.
H4 - 3/16/2016 till date
L1A - from 04/20/2010 to 2/22/2016

Q1. I am planning to apply for H1B this year (April 2017) and need to know if I am eligible to apply, based on the above US stay and prior / current visa status?

Q2. Do I have to go to out of USA for at least 1 year and then come back, since I have almost spent 5 years 7 months on L1 work permit.

Q3. Will 1 year on H4, living within US count as the 1 year gap required (supposed to be out of country) to apply for a fresh H1B this year.

Q4. If I can apply for H1, Will that make any difference in applying as COS vs Consulate processing.

A1. You may be eligible, but I would not bet on you getting it for more than a few months as H1+L1 can at max be for 6 Years.
A2. Yes, if you want fresh 6 Years of eligibility.
A3. No. Time should be spent outside US.

Has your GC been initiated?

This is my opinion not legal advice.