1 Year outside of US after 6 Yrs on H-1

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chinna002

Registered Users (C)
Hi,
Ginnu, thanks for your response to my earlier post.

I am falling short of 10 days for passing LC > 365 days condition :-(
My HR is working to figure out best options. (Including assignment to London/India).

I understand that if you are outside of US for one year, then you can reapply for a fresh H-1.

My question is that do I have to reside in Home country(i.e India) during that one year period? Or can i work anywhere in the world during that time?
Or is it just a strong suggestion that to stay in home country during that period.

thanks & regards
Shanti
 
Outside the US for one year.
A Couple of my friends worked in Canada for a year and then re-applied for the H1.
 
you can live anywhere outside US

I had to leave US after 6 years. I spent 7 months in india and 12 months in canada before coming back to US
 
I dont think USCIS would be concerned with where you are. All they care about is that you are out of the US for 1 year. Actually, you dont even have to be outside. You can re-enter US with a different status (say F1), and you will be eligible for a fresh H1 after one year (from the date you leave US on H1 status).
 
nshalady said:
I dont think USCIS would be concerned with where you are. All they care about is that you are out of the US for 1 year. Actually, you dont even have to be outside. You can re-enter US with a different status (say F1), and you will be eligible for a fresh H1 after one year (from the date you leave US on H1 status).
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No, you cannot renter US with a different status(say F1) in order to satisfy "1 yr out of US" condition. You have to be physically out of US.
 
6 yr clock is applicable for H visas only...so logically u can apply any other visa other than h visa and stay in USA ...and then after 1 yr transfer it to H visa...
It's my logical assumption only... Anyhow anyone has clear idea on it..
 
> It's my logical assumption only...

You are dealing with an irrational institution. Logic doesn't get you anywhere.

I am pretty sure you have to be physically outside of the country for that year. (Otherwise all the H1bs with multinationals would just come back on L1 for the year.)

There might be exceptions if you have a diplomatic visa or if you come back to work for the UN/IMF/worldbank or another international institution.
 
L1 is a different case. L1, H1 & H4 are all added together to calculate the 6 year limit. F1 or B1 are not in that category. Converting to F1 is an option for those reaching the limit, but that does not allow them to work. I dont think, you have to outside the US.
 
You must be physically outside the US for 365 days for the 6 year clock to reset. It does not matter what country you stay in. You can reenter the US in a different status BUT the 365 day clock stops running when you are in the US.
 
Jim,

So, coming back to the original question. Does the switch from H4 to F1 status 'stop' the accrual of time towards the 6 year limit for H4/H1b ?
 
hadron said:
Jim,

So, coming back to the original question. Does the switch from H4 to F1 status 'stop' the accrual of time towards the 6 year limit for H4/H1b ?
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Yes, only time in H or L status counts.
 
Another question: If I go out of the States for 6 months, then come back in B visa for one monthes, go out again for 6 months, do I get 6 yrs on H1B when I come back to US? Thanks.
 
Fresh 6 yrs on H1 - "Physically outside of US for 1 yr" - confused ???

tradition said:
Another question: If I go out of the States for 6 months, then come back in B visa for one monthes, go out again for 6 months, do I get 6 yrs on H1B when I come back to US? Thanks.
Click to expand...

Can someone answer the above question ? Essentially, if I return for a small
business trip (less than a week), will that reset my one year period outside
US or just that my eligibility for a new H1 gets pushed out by a week ?

Thanks.
 
The situation u described lets you reset the six year clock, someone in my company did the same and USCIS let them recaputre the H1 time
 
waitin_toolong said:
The situation u described lets you reset the six year clock, someone in my company did the same and USCIS let them recaputre the H1 time
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I'm still confused. Sorry, I was not clear enough in my question earlier. What I want to find out is whether the "1 year outside US" has to be continous.

Imagine I leave US on 31-Dec-2004. Than I would be eligible for a fresh H1 on 1-Jan-2006. Now, what happens if I visit US (say on B1) for a week in July-2005 ? When am I eligible fo H1 now :

1. 2nd week of Jan-2006, or
2. 1 year from July-2005 (i.e. 2nd week of July-2006) ?

Thanks.
 
I don't think it has to be continuous. If you come for a week, you will have to add a week at the end.
(I know of people who 'wintered' out their J1 foreign residency requirement on an O1 visa with annual 3 month home vacations/research time.)
 
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