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Expiry of 6 year duration
- Thread starter kapilm
- Start date
This means that if during 1 year break, the person can come to USA on B1/B2, but the duration he stays in USA on B1 / B2 wont be counted in 1 year break. For example, after 6 years completion, person leaves USA to home country (or some other country), stays in that country for 4 months (say) and goes to USA on B1 for 1 month, comes back to his home country and stays in home country for 8 months.
(After completion of 6 years)
- 4 months outside USA (Home country or any other country)
- 1 month in USA on B1
- 3 months outside USA (Home country or any other country)
- 2 weeks in USA on B1
- 5 months outside USA (Home country or any other country)
Now can above example be treated as 1 year break ? (4 + 3 + 5 months), though in between the person has visted USA on B1?
(After completion of 6 years)
- 4 months outside USA (Home country or any other country)
- 1 month in USA on B1
- 3 months outside USA (Home country or any other country)
- 2 weeks in USA on B1
- 5 months outside USA (Home country or any other country)
Now can above example be treated as 1 year break ? (4 + 3 + 5 months), though in between the person has visted USA on B1?
Your example is considered you spent 1 year out of the US.
HOWEVER, if CIS came up with that 2 months is not "brief trip", above example may not satisfy 1 year break.
The law says,
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
HOWEVER, if CIS came up with that 2 months is not "brief trip", above example may not satisfy 1 year break.
The law says,
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