H1 cool-off period.. Applying B1 visa and travel for 2 wks

[raajcl]

Hi - I returned to India in Sep 2013 after spending 5 yrs 9 months in USA. My visa got expired in Oct 2013. Right now I am in cool-off period and would like to apply for B1 visa.

1. Can I apply B1 visa(travel plan for 2 wk in May'14) while I was in cool-off period of 1 year?
2. I am planning to apply L1 in Oct 2014 to travel back to US. Will my B1 travel impact the L1 as I am in the middle of 1 yr cool-off period?
3. Can I use H1 Cap exempt for the remaining days on my H1 which is about 100 days? If yes, until when I can apply the H1 Cap exempt?

Any help/suggestions much appreciated.

Thanks,
Raaj

[raghvi]

Hi - I returned to India in Sep 2013 after spending 5 yrs 9 months in USA. My visa got expired in Oct 2013. Right now I am in cool-off period and would like to apply for B1 visa.

1. Can I apply B1 visa(travel plan for 2 wk in May'14) while I was in cool-off period of 1 year?
2. I am planning to apply L1 in Oct 2014 to travel back to US. Will my B1 travel impact the L1 as I am in the middle of 1 yr cool-off period?
3. Can I use H1 Cap exempt for the remaining days on my H1 which is about 100 days? If yes, until when I can apply the H1 Cap exempt?

Any help/suggestions much appreciated.

Thanks,
Raaj

Generally it is recommended to avoid any travel into US if one is staying out of US in order to reset ones 1 Year clock. But a short trip should not be an issue. USCIS doesnt define how short the trip can be but 1-2 weeks should not be an issue.

1. As said, yes you can apply.
2. I dont think so.
3. technically you can apply till Sep 2019 (6 Years from last held H1 status). But do understand that if at all you use the previous H1, in order to get future H1 /L1, post those 100 odd days, again you would have to spend 1 Year out of US from the time you exit on H1 in future, I personally dont think its going to be worth.

Irrespective, I believe if your long term plan is to stay in US, better start talking to your company about GC filing.

This is my opinion not legal advice.