Cool Off and Time Reset for out of country stay

[kotaprolu]

Background: I stayed in the US on L1B visa for 4.5 years continuously (I was never on a H1b VISA). At the time of L1B visa expiry (June 2013) my company applied for L1A Visa which was rejected in Feb 2014. I went back to India in Feb 2014 and applied for a new H1B. Got the H1B approved and VISA stamped in August 2014. Stayed in India for an year from Feb 2014 till March 2015 and arrived in the US on H1B in Apr 2015.

Question: Can I consider my 1 year stay in INDIA as a cool-off and can I stay in US for another 6 years on H1B?

[raghvi]

Background: I stayed in the US on L1B visa for 4.5 years continuously (I was never on a H1b VISA). At the time of L1B visa expiry (June 2013) my company applied for L1A Visa which was rejected in Feb 2014. I went back to India in Feb 2014 and applied for a new H1B. Got the H1B approved and VISA stamped in August 2014. Stayed in India for an year from Feb 2014 till March 2015 and arrived in the US on H1B in Apr 2015.

Question: Can I consider my 1 year stay in INDIA as a cool-off and can I stay in US for another 6 years on H1B?

No. The cool off is only valid if you had applied H1 B after staying out of US for an year.

This is my opinion not legal advice.