H1B 6 Years in Sept 2014 and when to apply next H1 or L1?

[rbs_123]

I am completing 6 years of my H1B in Sept 30th 2014.

Q1. Can I file my next H1B petition in April 2015 and if it gets approved, can I come back to US after October 2015?
Q2. if Q1 is not valid, do I need to wait for 365 days to complete and then apply which means I need to apply in April 2016 and after approval come in Oct 2016?
Q3. When can I come back in L1 visa?

Please let me know.

Thanks.

[rbs_123]

Can any one help here?

Also, Do I really need to go out of US for 365 days or I can stay in H4 and then apply H1B?

[raghvi]

Yes you need to be out for 365 days, and then apply. Why havent you started your GC still??

As your 6th Year is completing in Sep 2014, then you should apply for fresh H1 after Sep 2015, unfortunately it doesnt seem that the next year's cap will be open till then, hence you would have to apply in April 2016, and hope to travel by Oct 2016.

As for L1, you need to be working at the foreign subsidiary outside US for at least a year, and then apply, L1s are not being issued as easily as they used to be few years back, and are certainly much more difficult then getting an H1. Unless you can prove that your skill sets are unique within the company and no one else can fill your shoes, it would be difficult to get L1 too.

Also, you cannot be on H4 in US and apply for fresh H1. The law states that one should be out of US.

This is my opinion not legal advice.