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Can I visit the US during my 1Year break
- Thread starter Srini Rao
- Start date
No Title
I am in a similar situation like you. My company lawyer told me that everytime you visit the US (on a visitors visa), your 1 year break is pushed forward by the duration of your stay in the US. For eg, if you visit US and stay there for 4 1-week periods then instead of applying for a fresh H-1 exactly 1 year after your initial move out of the US, you have to wait 13 months.
However, I am not sure whether this completely true. Please check other sources and update me if possible. Thanks
I am in a similar situation like you. My company lawyer told me that everytime you visit the US (on a visitors visa), your 1 year break is pushed forward by the duration of your stay in the US. For eg, if you visit US and stay there for 4 1-week periods then instead of applying for a fresh H-1 exactly 1 year after your initial move out of the US, you have to wait 13 months.
However, I am not sure whether this completely true. Please check other sources and update me if possible. Thanks
No Title
Thanks, Yes it is true. I did check with two lawyers and they gave the same response. I also found this in the US Immigration web site
Copy and paste the following urn in its entirety and scroll towards the bottom
http://www.ins.usdoj.gov/cgi-bin/folioisa.dll/lawbooks.nfo/query=I!2D1b+6+year/doc/{@16552}/words=4?
Following is the relevant section:
(A) Alien in a specialty occupation or an alien of distinguished merit and ability in the field of fashion modeling. An H-1B alien in a specialty occupation or an alien of distinguished merit and ability who has spent six years in the United States under section 101(a)(15)(I) and/or (I) of the Act may not seek extension, change status, or be readmitted to the United States under section 101(a)(15)(H) or (L) of the Act unless the alien has resided and been physically present outside the United States, except for brief trips for business or pleasure, for the immediate prior year
The law clearly mentions that we can make business or pleasure trips during our one year break
Thanks, Yes it is true. I did check with two lawyers and they gave the same response. I also found this in the US Immigration web site
Copy and paste the following urn in its entirety and scroll towards the bottom
http://www.ins.usdoj.gov/cgi-bin/folioisa.dll/lawbooks.nfo/query=I!2D1b+6+year/doc/{@16552}/words=4?
Following is the relevant section:
(A) Alien in a specialty occupation or an alien of distinguished merit and ability in the field of fashion modeling. An H-1B alien in a specialty occupation or an alien of distinguished merit and ability who has spent six years in the United States under section 101(a)(15)(I) and/or (I) of the Act may not seek extension, change status, or be readmitted to the United States under section 101(a)(15)(H) or (L) of the Act unless the alien has resided and been physically present outside the United States, except for brief trips for business or pleasure, for the immediate prior year
The law clearly mentions that we can make business or pleasure trips during our one year break