My first 6-year H1B is going to expire within a year and my company is goin through layoff right now. If I am laid off, it is unlikely to find another employer because there will not be any time left to file for LC to obtain the extension beyond 6 years anyway.
My thought is going back to the home country for one year. Then I can apply for the second 6-year H1B once returning US with H4 status. My spouse is a valid H1B holder. I don\'t want to stay here doing nothing, waiting for my spouse getting GC. The LC has a huge backlog currently, and getting EAD card might take more than 2 years right now.
The question is that, if I stay in the home country for 6 months, can I come back for a short visit for less than 30 days. And go back to my home country for another 6 months. Does the short visit interrupt the counting of 365 Days in this scenario?
Do I need to wait for the H4 status being granted then leave for my home country. Or I can just pack up and leave so that the 365 Days start to tick right away?
Please advice.
My thought is going back to the home country for one year. Then I can apply for the second 6-year H1B once returning US with H4 status. My spouse is a valid H1B holder. I don\'t want to stay here doing nothing, waiting for my spouse getting GC. The LC has a huge backlog currently, and getting EAD card might take more than 2 years right now.
The question is that, if I stay in the home country for 6 months, can I come back for a short visit for less than 30 days. And go back to my home country for another 6 months. Does the short visit interrupt the counting of 365 Days in this scenario?
Do I need to wait for the H4 status being granted then leave for my home country. Or I can just pack up and leave so that the 365 Days start to tick right away?
Please advice.