7th year H1B expired. Out of USA, can I enter to USA with nonworking visa B1/B2?

[H1BSuffer]

If I cannot still finish the LC and LC is pending < 365 days when 7th year H1B extension period come to end, then I understand I should get out of USA for one year. My new employer is multinational company so that they can hire me at the branch at Europe or Asia. Now, here is my question? During this one year out of USA, I need to do business travel to USA several times. Can I still enter to USA with non-working visa i.e. B1/B2?

You don't know how much important/valuable information you are sharing with someone in big trouble.
Thanks in advance.

 

[great guru]

One year complete physical absence is required to reactivate your second full 6 year term.
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If I cannot still finish the LC and LC is pending < 365 days when 7th year H1B extension period come to end, then I understand I should get out of USA for one year. My new employer is multinational company so that they can hire me at the branch at Europe or Asia. Now, here is my question? During this one year out of USA, I need to do business travel to USA several times. Can I still enter to USA with non-working visa i.e. B1/B2?

You don't know how much important/valuable information you are sharing with someone in big trouble.
Thanks in advance.

 

[H1BSuffer]

I appreciate it, although...

I recognize your nickname. You always look like very knowledgeable. I believe this case is too.
Actually, it is very bad news to me because I expect I can make a couple of business trip to USA with tour visa. But it is very valuable information to me. I appreciate your tip huge.

One year complete physical absence is required to reactivate your second full 6 year term.
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[H1BSuffer]

Company A filed PERM 1/31/2006 with priority day of 3/20/2005 (RIR->PERM), but still "IN PROCESSS". I am in already in 7th year extension H1B which is valid until 11/28/2007. Now, I have an offer from company B. I must make a decision by this week.

If I move to company B, I will not have enough time to file new PERM by 11/27/2006 so I cannot file 8th year extension with pending PERM>365.
But, I believe I can do with the PERM pending by company A. (I will ask company A not to withdraw the PERM.)
Here is my question. What if the PERM for company A is approved soon? Which means there will be no pending PERM>365 for me. Then, is it impossible for me to file 8th year extension with company B?

Your advice is really critical.
Thank you in advance.

 

[gc_2006]

The rule has got nothing to do with pending or not. A valid LC needs to have been FILED 365+ days before the 6th (or last year in already extended cases) is up. If it is approved - even better. Just make definitely sure they don't withdraw it.

What if the PERM for company A is approved soon? Which means there will be no pending PERM>365 for me. Then, is it impossible for me to file 8th year extension with company B?

 

[H1BSuffer]

Thanks for your great advice.

Dear gc_2006,
Thanks for your great advice. Now, I obtain the confidence on what I am doing. I am moving forward.
Now, All I can do for you is to say "Thanks!... God bless you!"

The rule has got nothing to do with pending or not. A valid LC needs to have been FILED 365+ days before the 6th (or last year in already extended cases) is up. If it is approved - even better. Just make definitely sure they don't withdraw it.

 

[H1BSuffer]

Yes you can reenter US on B visa.

I got similar but little-bit different comment from other forum. It looks more accurate. "Yes you can reenter US on B visa without causing a reset on H status 1 year break. One of my friend's attorney advised him to subtract the number of days on B visa from the 365 days counting and stay that many more days out of US just to be on safe side."

One year complete physical absence is required to reactivate your second full 6 year term.
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