H1b 1 year exile period ( after 6 years )

G

greenEnvy

Registered Users (C)
Hi,
How does the clock on H1 6 years work? I understand that one is supposed to be physically absent from US for a period of 1 year after which he can apply for 6 more years of H1.

What if during this period of exile if one were to make a trip to US on B1?
does this mean 1 year exile period restarts again. or
just that the physical absence of 1 year should be met ( excluding the B1 months).


Thanks,
-ge
 
Originally posted by greenEnvy
Hi,
How does the clock on H1 6 years work? I understand that one is supposed to be physically absent from US for a period of 1 year after which he can apply for 6 more years of H1.

What if during this period of exile if one were to make a trip to US on B1?
does this mean 1 year exile period restarts again. or
just that the physical absence of 1 year should be met ( excluding the B1 months).


Thanks,
-ge
Click to expand...
If you visit US on B1, the H1 1 year clock starts AFTER you leave US on B1.
 
thanks need more clarification

H1 6 years expires
3 months out of USA
3 months into USA on B1

From this point :

A) spend nine months out of US before applying for new H1 (or)
B) spend 12 months out of US before applying for new H1

I guess you are suggesting B).
I am getting conflicting answers. My lawyer ( god bless his soul)
hasn't replied for this at all.

Appreciate any response.

Thanks a lot.
 
I spoke to my attorney and he told me that I should "never enter US for one year on any visa under any circumstance".
He told me that if I do that then it will be considered as a voilation of the law by the INS and my H1 approval in future will be difficult. ( This was 10 months ago, I have been out of the country from July, but still work for the same company).

With the Stupid INS I don't want to take any chance.
 
Quick question

Can we appy for visa after 9 months of exile and enter US after 12 months??Will the clock be recycled if we are doing that???
I guess a new h1B takes a min of 3 months.
 
what happens if bcis rejects the application saying you have applied too early ?

howabout doing a premium processing. it takes less than 1 month to process.
 
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