H1 stay in USA after 1 year cool off period

[chika25]

Hello Team,

I worked in USA on L1-B for 4.5 years Legal Stay. i moved to India in December 2014. I have applied for H1 B visa and cleared lottery this year. if my petition gets approved this year, I plan to take a cool off period of 1 year between December 2014-December 2015 and travel next year. Will i be eligible to Stay 6 years in USA ? Please clarify as i need to plan ahead accordingly.


Thanks
Chika

[shervin143]

No. You would be eligible for a fresh 6 year period provided you filed your H1B petition next year or your employer requested a H1B start date after 12 months from your departure date. Since your H1B effective date right now will be Oct 1st (less than 12 months from your date of leaving U.S), you will not be eligible for afresh 6 year period.

[chika25]

yes i know H1 B will be effective from October 2015, however i plan to travel only post December 2015 ..

http://*********.com/qa/4923/l1b-for...ll-6yrs-in-h1b

Similar Situation like me....