New H1B after 5 years on L1B

[shervin143]

Visa stamping has nothing to do with H1B clock getting reset. It is when the petition is filed with USCIS. To get a fresh 6 years period in H1B, you need to stay out of U.S for 1 year and then file a fresh H1B that is subjected to a new CAP.

I have a similar situation where my L1 B 5 yrs term will be over by 17-Feb-2016 (I am leaving US on 1st Feb)
If I file a new H1 B this year, will I get a fresh 6 yrs cycle?
Is there any clause like if I go to stamping only after my 1 yr stay out of country (i.e., after 1-Feb-2017) would get a fresh 6 yr cycle? Please clarify.

[kodanda1518]

New H1B after 5 Years L1b

Yes. You will get a fresh 6 year period in H1B if it gets approved.

I have a similar situation where my L1 B 5 yrs term will be over by 17-Feb-2016 (I am leaving US on 1st Feb)
If I file a new H1 B this year, will I get a fresh 6 yrs cycle?
Is there any clause like if I go to stamping only after my 1 yr stay out of country (i.e., after 1-Feb-2017) would get a fresh 6 yr cycle? Please clarify.

[shervin143]

Yes. You will get a fresh 6 year period in H1B if it gets approved.

[tnf84]

I need advise from this forum experts on my current situation.

I got my L1B visa in 2010 and i worked in US till Sep 30 2015. My 5 year limit on L1B visa is expiring later this month and i left US on 1st Oct 2015.

Now, my employer is planning to file a new H1b visa next year and i need to know if my clock would be reset and if i would get a full 6 year term if selected in lottery.

Here are the important dates:
Date left US: 1st Oct 2015
5 year limit L1b expiration date: 28 Oct 2015

I understand that there should be a 1 year cooling off period after leaving US in order to apply for a new visa. Since new H1B is valid from 1st Oct 2016, would i get a 6 year term?

Please advise

Thanks