Can I apply for a fresh H1 after staying in US on L1 for 5 years

[Vjassi]

Hi,

I worked with ABC company for 5 years on L1 until Jun 2009. After that I have not been working, I am on H4 since then. I have travelled India only once in last 5 years.

Now I want to start working again. Can I apply for a fresh H1 in the next cap.

Will I have any problem getting a fresh H1.

I really appreciate your help.

Thank you,
Jassi

[immihelp]

Your total stay on L/H would be 6 years. Unless you have green card application pending and several other conditions are met, you would have to be outside the US for one year before applying for cap restricted H1B again.