H1b visa: after expiration leave the country for 365 days?

goingtoUSA

New Member
I worked in the USA for 6 years on an H1B visa and then quit my job. I
understand that I have to leave the country for 365 days before being able
to reapply for another H1B, correct? My question is what happens when this
365 day period is interrupted by tourist visits to the USA (I am a German
citizen and have re-entered the USA as a tourist under visa waiver program and stayed for about 10 weeks).
My question is: Every time I enter the USA as a tourist the clock starts over? So I have to wait 365 days from when I last exited the USA? Or are the 365 days
cumulative but not consecutive and the waiting period is merely delayed by
the duration of the tourist trip?
 
The law says "short period of stay" does not break 1 year absense, but the period you spend on VWP/B/F or any type of visa could not be counted as a part of one year. Your 1 year limit will be extended by the period you spend in the US on tourist visa. If it's not short visit, it will reset.

Now what is "short period of stay" ? Only USCIS adjudicators know, but i'd say 10 weeks is definitely not short.
 
Top