L1 B 5 yrs completed;H4 b4 365d outside US & then to H1B after 365d - H1 B duration?

[sp84]

I completed 5 years of L1B on March 31st, 2013.

I then decided to spend 1year/365 days outside the US so that I can apply for a fresh H1-B and get 3 years of work visa.

Now my question is :

Can I apply for an H4 visa now (Jan 2014) i.e. before completion of the 365 days, but travel to US in April on H4 (after 365 days) and apply for a 3 years H1 B in April 2014.

[raghvi]

I completed 5 years of L1B on March 31st, 2013.

I then decided to spend 1year/365 days outside the US so that I can apply for a fresh H1-B and get 3 years of work visa.

Now my question is :

Can I apply for an H4 visa now (Jan 2014) i.e. before completion of the 365 days, but travel to US in April on H4 (after 365 days) and apply for a 3 years H1 B in April 2014.

Yes. The restriction is on entering US for that 1 Year not on applying visa.

This is my opinion not legal advice.