1 year out of country rule after six year on H1B

[hellomahesh]

I have been in US on H1B visa for about six years. Right now I m in India and have plans to be in US again on H1B visa after 1 year break so that I will be eligible for another 6 year term. 9 months are over now since I left US. My current company in India wants me to go to US now on B1 visa for a month trip... Would this resets the 1 year counter if I visit on B1 visa now? Or should I wait for another 3 months to finish 1 year out of country rule to avail another 6 years term of H1B visa?

Thx.
Mahesh

[compiler]

No, it will not be reset but any periods while you were in the US will be deducted until you satisfy with full one year.

[hellomahesh]

If so that would be fine to me. How sure are you... any confirmed source of your answer ? I m in pressure by my current company to travel on B1 visa now.... and I m worried if it gets resets... I have wait a long to get on H1 again.

Thnx
Mahesh

[compiler]

You may want to look it up in the confirmed source, the Reg.

[GotPR?]

If so that would be fine to me. How sure are you... any confirmed source of your answer ? I m in pressure by my current company to travel on B1 visa now.... and I m worried if it gets resets... I have wait a long to get on H1 again.

Thnx
Mahesh

8 CFR 214.2 (h) (13) (i) (B)
(B) When an alien in an H classification has spent the maximum allowable period of stay in the United States, a new petition under sections 101(a)(15)(H) or (L) of the Act may not be approved unless that alien has resided and been physically present outside the United States, except for brief trips for business or pleasure, for the time limit imposed on the particular H classification. Brief trips to the United States for business or pleasure during the required time abroad are not interruptive, but do not count towards fulfillment of the required time abroad. The petitioner shall provide information about the alien's employment, place of residence, and the dates and purposes of any trips to the United States during the period that the alien was required to spend time abroad.

[hellomahesh]

Thanks Compiler & GotPR!

-Mahesh

[hellomahesh]

.. posting in new thread..

[visah1fan]

I was in US for 2 years then went back to India for 15 months. Came back to US on same visa. In my last Visa extension, I got the extension considering second visit starting date as the starting date instead of first visit date as starting year (i.e. got 2 years more on same H1 visa). I have already exceed my physical presence in US for more than 6 years (almost 6 years 9 months) but realizing that consulate might have made a mistake in extending my visa. So now what are the options for me:
1) Whether I continue on the same visa till the Visa validity date (i.e. overall 8 years) and go for GC processing.
2) Considering validity of H1 and leave US at the end of visa validity date without applying for GC or extension
3) Any chance of applying for L1 visa and stay
4) Leave US probably after 2-3 months once everything is settled and taken to closer (lease, etc. )
5) Leave US immediately (probably the worst case)
6) Any other suggestions you might have.
7) Will I be subject to 3 year bar as I have exceeded more than 180 days even though my H1 and I94 are valid for next 1 year.

By the way I am being told by my employer to go out of US immediately.

Any help in this regard is greatly appreciated.

Best Regards,
H1 Visa Fan

[hellomahesh]

I was in US for 2 years then went back to India for 15 months. Came back to US on same visa. In my last Visa extension, I got the extension considering second visit starting date as the starting date instead of first visit date as starting year (i.e. got 2 years more on same H1 visa). I have already exceed my physical presence in US for more than 6 years (almost 6 years 9 months) but realizing that consulate might have made a mistake in extending my visa. So now what are the options for me:
1) Whether I continue on the same visa till the Visa validity date (i.e. overall 8 years) and go for GC processing.
2) Considering validity of H1 and leave US at the end of visa validity date without applying for GC or extension
3) Any chance of applying for L1 visa and stay
4) Leave US probably after 2-3 months once everything is settled and taken to closer (lease, etc. )
5) Leave US immediately (probably the worst case)
6) Any other suggestions you might have.
7) Will I be subject to 3 year bar as I have exceeded more than 180 days even though my H1 and I94 are valid for next 1 year.

By the way I am being told by my employer to go out of US immediately.

Any help in this regard is greatly appreciated.

Best Regards,
H1 Visa Fan

Oh man you are unnecessarily getting worried of nothing. There is no mistake by consulate.

Since you stayed out of US for 15 months (i.e. over 365 days) - your timeline is reset - thus you got another fresh 6 year of H1B term - which is perfectly fine. You are safe to stay until the validity of current H1 & i94.

You can start your GC process now so that you get future H1B extensions after current H1B term.

hope this helps

Mahesh

[ranganr2012]

Hi,

I will complete my entire 6 years physical stay in US on my current H1B on sep/28th this year (2013) and will leave US on this day. Can I apply for new H1B in next year's (2014) quota or do I need to wait until sep/28th/2014 before I can even apply for a new H1B.

Really appreciate responses for experts.
Thanks!

[vj3478]

Hi,

I got my H1 visa in 2006 Jan and was in india for the period Oct 2009 to May 2011 - around 20 months.

When I came back in May and got my H1 extended in Oct, I was expecting a fresh H1 but my employer's attorney informed me that as I came back on the old H1, I will be only be able to recapture the time that I was in India.

I felt it was OK as I had around 2 years left to get my labor/140 cleared but my current situation is waiting on labor decision from DOL and my 6 years ends in Sep.

I m not sure if I stand any chance now to get an H1 extension filing my case as 'I was supposed to get 6 years but got only 20 months instead as I was out of US for over an year'.

Please let me know if anybody were in this situation and or was out of US for over a year, came back and got a fresh H1?

Thanks,
Vijay