H1B Clock resetting mechanism

B

balajee_78

New Member
Hi,

My 6 year term of H1B gets over by september 2007.
But however i had to relocate back to my country in April 2006.

My questions are ,

1)Assume if i dont reenter US for one year till April 2007, can i come back using the previous H1 or have to reapply for a new H1?

2)If i can come back using the old H1, will my H1B cycle get reset, and can i transfer my H1 to another 6 years.

3)In case i had to travel US , through B1 for one month, the one year H1 absence period will be increased by one more month (may 2007) or will it be resetted back.

Thanks,Baljaee
 
Need to apply for a fresh H1B

You cannot come back on the same H1B. You need to stay outside USA for 1 year and reapply for a new H1B.

I believe that time on B1 will not be counted against H1B term, hence you may come back in April 2007. But since the new H1B's for 2007 are issued only on Oct 1st, the earliest you may be able to come back in Oct 2007. However, you may be able to apply in May 2007 and wait for the approval.

Good luck!
 
balajee_78 said:
Hi,

My 6 year term of H1B gets over by september 2007.
But however i had to relocate back to my country in April 2006.

My questions are ,

1)Assume if i dont reenter US for one year till April 2007, can i come back using the previous H1 or have to reapply for a new H1?

It will be new H1 app and will be counted against quota.

2)If i can come back using the old H1, will my H1B cycle get reset, and can i transfer my H1 to another 6 years.

N/A.

3)In case i had to travel US , through B1 for one month, the one year H1 absence period will be increased by one more month (may 2007) or will it be resetted back.

May 2007.

Thanks,Baljaee
Click to expand...
 
Is one year supposed to be continuous?

How about this - I have been out of USA for one year but in not in one stretch. It's a total one year combining vacations and business trips. Could I be eligible for a fresh H1B for six years?
 
Law says short stay in the US in between won't break 1 year absence, but the period you spent in the US on vacation or business trip can not be counted into 1 year. The 1 year break is not necessary continuous as long as stay is short.
If you stay too long during break.... law did not refer to this case clearly, but reading between the lines, it seems counting 1 year start again after long stay.
 
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