Renew H1 or L1

[PradA123]

My wife is completing her 6 years and she is moving under my L2. She will be on L2 for the next three months until we travel back to Asia. Tell me this. Can she apply for L1 or H1 only after 1 year from the day we left the US or only after 1 year when her H2 expired. Cus she will be staying in the US for the next three months after her H1 was has expired. Please advice?

[raghvi]

My wife is completing her 6 years and she is moving under my L2. She will be on L2 for the next three months until we travel back to Asia. Tell me this. Can she apply for L1 or H1 only after 1 year from the day we left the US or only after 1 year when her H2 expired. Cus she will be staying in the US for the next three months after her H1 was has expired. Please advice?

There are different criteria for H1/L1. But considering she has already completed 6 Years on H1, she can apply for a fresh 5 year L1/6 Year H1 only after physically staying out of US for One full Year. For eligibility of a fresh L1/H1 she has to provide evidence that she was out of US for 1 Full Year along with the H1/L1 petition, and that can only be provided when she files for L1/h1 and at that moment she has 1 Year outside US stay.

Also, even without L1 or H1 she can work on L2 with EAD though.

This is my opinion not legal advice.