1 year gap

K

kumar44

New Member
I was in US around 4.5 years. For last 10 months, I have been in India. I am going to complete 1 year gap in couple of months. If I apply fresh H1 now, will I get new H1 for next 6 years?.
 
yep. after one year outside of the country, then you will come under fresh H1B VISA. If u r filing now, hurry up.. the quota is nearing
 
kumar44 said:
I was in US around 4.5 years. For last 10 months, I have been in India. I am going to complete 1 year gap in couple of months. If I apply fresh H1 now, will I get new H1 for next 6 years?.
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No, you are not eligible for another 6 years now so you will not get it. To get it, you must be eligible at time of filing.
 
My case is also the similar. I was in US for 4.3 yrs and I am staying in India since last 5 months I would like to apply for next year after 6-7 months. But my company sends me on business visa, so my question is whether they count this visit for one year gap.
 
sunil_shilimkar said:
My case is also the similar. I was in US for 4.3 yrs and I am staying in India since last 5 months I would like to apply for next year after 6-7 months. But my company sends me on business visa, so my question is whether they count this visit for one year gap.
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To be eligible for another 6 year period you must be out of out of the US for one year. If you are in the US on a B visa, you are not out of the US, therefore the time in the US does not count toward the one year period.
 
It's still not clear to me yet. You mean to say, I will have to be out of US continuously for one year. What happen when I comes for 2 weeks to US on B1 visa, is this breaks the one year gap completely (I mean, my one year gap again resets to zero days) or I will have to stay 2 more weeks out of US to complete my gap of one year.

I really appreciate your help.

Thanks,
Sunil
 
Please understand what Jim said. YOU HAVE TO BE OUT OF US FOR 1 YEAR.
If you come back on any visa you will be breaking the accured out of US stay and the counter starts from zero again.......
 
hathwar said:
Please understand what Jim said. YOU HAVE TO BE OUT OF US FOR 1 YEAR.
If you come back on any visa you will be breaking the accured out of US stay and the counter starts from zero again.......
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Where did I say that? I never used the word "continuously". I said you must be out of the US for one year. Time you are in the US does not count. It does not reset the clock, it just stops it from running.
 
Jim,
I misunderstood your statement. I did contact my lawyer and he confirmed your statement.The clock stops and not reset.
Thanks.
 
BTW, my second H1b was approved 8 months after the date I left the US with a start date 13 months after the exit date. So I spent 13 months out of the US, but the visa application was filed and approved before the year was up. Just my experience.
 
I was in US for 4.5 years. I came to India Dec 2003. My 1 year gap will be completed by Dec 2004. I thought of filing fresh H1 in Dec 2004. But H1 quota for this year (Oct 2004- Oct 2005) already completed.

My last H1 was expired in July 2004. Is it possible to renew or H1 transfer with my expired H1.

Thanks
Vinay
 
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