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Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 4703
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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My H1B Maxout date is Jan 2016 with no GC on the table

Customer Question

Hi,
My H1B Maxout date is Jan 2016 with no GC on the table at the moment. I have positioned myself to transfer to an affiliate outside the US, leaving Oct 2015. I was trying to figure out the following:
1) Do I need to remain outside the US completely for 1 year, i.e. no visit visa etc as of Jan 2016 or Oct 2015 to allow for the cool-off period?
2) If I work for this affiliate for a year, can I apply for my L1 (easier to apply and not subject to H1B maxout) as of Jan 2017?
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Jen Marie, Esq. replied 2 years ago.
Hello, my name is ***** ***** I will be the attorney helping you today.
Below are your answers.
1) Do I need to remain outside the US completely for 1 year, i.e. no visit visa etc as of Jan 2016 or Oct 2015 to allow for the cool-off period?
Yes, unfortunately you have to stay out of the US completely for one year.
2) If I work for this affiliate for a year, can I apply for my L1 (easier to apply and not subject to H1B maxout) as of Jan 2017?
Yes, if you stay out one year completely you would be eligible to apply for the L1 one year after you left.
Good luck to you during this process and I hope this answer has helped you!
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Expert:  Jen Marie, Esq. replied 2 years ago.
Hello- I see you were able to view my answers. Did you have any follow up questions I can help with?
Thanks.