Application for Fresh H1B after staying 7 Yrs in US

[California2011]

I am in US for total 7 Years (H1B 6 Yrs + L1A 1 Year). I am going back to India in Oct 2013. Am I eligible to file for a fresh H1B for 2014. I can put a start date of Dec 1, 2014 instead of Oct.

[raghvi]

I am in US for total 7 Years (H1B 6 Yrs + L1A 1 Year). I am going back to India in Oct 2013. Am I eligible to file for a fresh H1B for 2014. I can put a start date of Dec 1, 2014 instead of Oct.

One can be in US for max 6 years on an L1 +h1 classification. Your 7 years stay was not probably valid, do check its validity. Also, you would need to apply for H1 after completion of 1 year stay. You can't apply in April 2014 you would have to apply in April 2015 for a start date of 01 oct 2015 in order to get a fresh 6 year term.

This is my opinion to legal advice.

[California2011]

One can be in US for max 6 years on an L1 +h1 classification. Your 7 years stay was not probably valid, do check its validity. Also, you would need to apply for H1 after completion of 1 year stay. You can't apply in April 2014 you would have to apply in April 2015 for a start date of 01 oct 2015 in order to get a fresh 6 year term.

This is my opinion to legal advice.

This is legal on H1B +L1A as L1A is for 7 Years.

[raghvi]

This is legal on H1B +L1A as L1A is for 7 Years.

Maybe you are right. But as I said you would need to apply H1/L1 only after completing 1 Year stay outside US. As far as I know you cant apply during that 1 Year period, even if the intended travel is after 1 Year period.

This is my opinion not legal advice.