Gap in two H1 terms

K

kk132

Registered Users (C)
Hi,
I have left the US and immigrated to Canada six months ago but my H1 six year term gets expired in Oct this year. So basically I left the US in my 5th year of H1 term and still had about almost a year on my H1. Now I wish to visit us on visitor visa,. Will that be an issue, considering that i wish to apply for new H1 for next year oct 08. My question is, is there any rule stating you should stay out of US atleast for one year ( irrespective of any visa type) in order to be eligible for a fresh 6 year h1 visa term?

Thanks,
kk
 
There is a rule you should not be present physically atleast a year (on any visa) to get a fresh 6 year h1 under quota .


kk132 said:
Hi,
I have left the US and immigrated to Canada six months ago but my H1 six year term gets expired in Oct this year. So basically I left the US in my 5th year of H1 term and still had about almost a year on my H1. Now I wish to visit us on visitor visa,. Will that be an issue, considering that i wish to apply for new H1 for next year oct 08. My question is, is there any rule stating you should stay out of US atleast for one year ( irrespective of any visa type) in order to be eligible for a fresh 6 year h1 visa term?

Thanks,
kk
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