Seeking clarification with regards to one year out of the country rule??

[vikpai]

Hello All,

I would appreciate a clarification with regards to my situation, as it relates to being out of the country for a period of one year, after completion of six years on the H1B visa.

I recently completed working in the United States for six years on the H1B visa, and left the country on August 31, 2010, one month prior to the scheduled expiry of my H1B visa (September 30, 2010).

I am currently in the process of applying to graduate schools for a Master of Science program, for the academic term starting Fall 2011, all of which are scheduled to start on August 26, 2011. Since my graduate programs begin five days prior to the completion of my one year period out of the United States, I realize I will have to be back in the United States anywhere between two weeks to five days prior to the completion of the one year period.

**How does my returning to the United States, two weeks prior to the completion of my one year term outside the United States, affect my future prospects (after completion of my Masters) of attaining a new H1B visa?

**Does the one year period have to be 365 consecutive days spent outside the United States or can the 1 year period be broken up into segments such as maybe 11 consecutive months and 1 month after completion of the first semester of my Master of Science program.

I would sincerely appreciate some expert legal guidance on this matter. Thank you all for reading my post, look forward to your replys.

Regards

 

[BigJoe5]

FROM uscis.gov

How long can a nonimmigrant stay in H-1B status?

Generally, most H-1Bs are granted an initial period of admission of up to three (3) years. H-1B status may be extended for another three years for a maximum period of stay of six years.

However, there are exceptions to the maximum stay as follows:
•
The American Competitiveness in the 21st Century Act (AC21) allows for an extension of the 6-year maximum stay if a labor certification application or Form I-140 was filed one-year prior to the start of the sixth year. For further guidance on AC21, click here.
•
Similarly, AC21 allows for a 3-year extension beyond the 6-year maximum stay if the worker has an approved labor certification application and an approved Form I-140, but cannot apply for adjustment of status due to retrogression in the employment-based visa numbers.
•
Another exception is for workers who have spent more than one year abroad after spending less than six years in H-1B status within the U.S. Such workers can elect either (1) to be re-admitted for the remainder of the initial 6-year stay or (2) seek to be re-admitted as a new H-1B worker subject to the annual cap.

*****IT DOES NOT SPECIFY A "CONTINUOUS" YEAR.******