Spending at least a year outside the US to reset H1 clock

bhagwaro

New Member
Hi,

I have a query regarding H1/L1.

Please find below the details of the time I have spent in the US on different visas in chronological order:
• H1 - Jan 2006 to April 2010 - Worked on H1 visa for 4 yrs and 2 months (excluding the time I was out-of-the-US on vacation)
• F1 - May 2010 to July 2012 - Did 2 year MBA in the US on F1 visa
• OPT - Aug 2012 till today – Currently working on OPT for last 5 months at a global firm
Now, my current employer has refused to sponsor my green card and is asking me to go to an office (of the same firm) outside the US and spend at least a year for H1 clock to reset.

I have following 2 questions:
• If I leave the US in March 2012, would I be able to return back to the US in March 2014 on a new H1? Or do I have to wait till October 2014 to get a new H1 to return back to the US?
• If it is not possible to return to the US in March 2014 on a new H1, then can I ask my employer to bring me back on L1 in March 2014? Can a L1 be filed and used any time of the year? Would I be able to stay on L1 then till I get my green card?

Ideally, I would not like to leave the US due to a family situation, so any other options you can suggest are greatly appreciated. It would help me with negotiations with my employer.

Thanks in advance.
 
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