Six years over and Left!

K

kum2002

New Member
6 yrs and left. Next?
Hi,
I would appreciate any responses on my question.

I have finished my 6 yr term on H1 and left the country a couple
of months ago and now working in Canada.
I have not applied for GC processing at all.

I was just wondering if I can apply for H1 again and start working
in USA maybe after 6 months?

Also, is it possible for me visit USA on a visitor visa so I can get
to meet my friends and relatives?
If I apply for the visitor visa is there any good chance that
they will reject me, only to get this rejection carried over
to the next time I appear for a H1?

Please let me know.

Thanks a bunch!
Kum
 
Kum,

Totally different question .. Are you in Canada on Temporary Visa or permanent resident ..I am also in the same boat.. Not sure where to apply in
 
There is no way to come back to the US on H1B until you spend one year outside. I am not sure about visiting on another status, such as visitor. I think you can come on a visitor visa, but the time you spend in the US may not count towards the 1 year period.
 
Hi,
I am currently in Canada on a work permit.
Please let me know if it is possible to enter US on visitor visa.

If so, does this count against the one year clause for H1?
 
Mandatory 1 year out of US

I might land in the same situation of yours but for miracles to happen.
One needs to be out of the US soil for a min of 365 days prior to applying for new slate of 6 yrs on H-1B. This means that one should plan on NOT being able to enter the country for about 18 or so months. This is due to the 5 to 6 months lead time that it takes for INS to approve H-1B petition, in the "normal/regular course" This lag time could shorten, significantly if one were to use Premium processing where the results are guaranteed much faster.
Good Luck
 
visit will count against

Actually I asked my lawyer this question, and the answer is that the visit time in US will count against that one year requirement.
 
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