Had H1 left US.. came back on new H1 - Problems in future?

R

rav_oranges

Registered Users (C)
Hello Guys,

Back in 1998 I came to the US on a H1B visa and after two years I left and moved back home. Pretty soon after I left, I would imagine after two months, I came to the US for a short trip on the visa waiver program and told the POE officer that I was not using the H1B anymore and coming in on the visa waiver program. He had no problems with this. I think that I did this once or twice before the visa expired.

A few years later I got another H1B, moved to the US and went through the GC procedure, and currently live in the US.

Thinking about a few years down the line and possibly applying for citizenship, which is the plan, will that break cause any problems?

I mean I just left. Got on the plane and left. I have a letter from my employer in my home country showing that I was working for them in the UK.
 
If this was a problem I am sure it would have come up during the 2nd H1B visa process as well as the GC process. Keep the proof of residency in the UK during the time between the two H1B visas and you will have ample proof that you did not overstay. I personally do not foresee any problems.
 
rav_oranges said:
Thinking about a few years down the line and possibly applying for citizenship, which is the plan, will that break cause any problems?
Click to expand...

Why would it? You came temporarily on an H1. You came temporarily on VWP. You returned temporarily on another H1, then permanently on a GC.

What rules do you believe you have violated?
 
Just more that when I left the US the first time on my H1, I just left. I got a new job back in the UK, so I left for that.

I don't recall notifying the INS that I had left.

Though the next time I came to the US.. I insisted that I should be on the visa waiver program and not the H1B visa.

I hope you guys are right and we'll see in 5 years.
 
rav_oranges said:
Just more that when I left the US the first time on my H1, I just left. I got a new job back in the UK, so I left for that.

I don't recall notifying the INS that I had left.

Though the next time I came to the US.. I insisted that I should be on the visa waiver program and not the H1B visa.

I hope you guys are right and we'll see in 5 years.
Click to expand...

When you eventually have your natz interview, the IO will have your entire immigration history in the file on his desk. I would think that it'll be pretty obvious to him that you had two separate H1Bs.
 
Thanks all.

I think that I am a worrier by heart and to be honest, I am beginning to realise that getting the US citizenship would be something that would be beneficial for both my wife and I.

I think that I'm going to have to sit tight and as soon as my 5 years are done, apply.

Thanks!
 
All that they are going to care about is your Green Card an after. Many people have come here on different status. Many had temporary status and came and left and then got another status or visa and came back etc.

To apply for citizenship, they are going to want to know about your life after your Green Card, not before it. So yep, just sit back and wait now for your 5 years -90 days and then apply.

Even though I had been here on a temp work visa for about 6 years before getting my Green Card, during my interview I don't think anything was even asked about that. The IO just was interested in my life since the CG. Just my experience...
 
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