Staying out of USA after 6 years of H1.

direstraitsfan

New Member
Hello,

I am in a big dilemma. I worked in the U.S on H1B for 6 years and left for home country in June 2004. My last employer delayed my G.C processing (started only in jan 2004) which gave me no option but to leave.

My understanding is that i need to stay out of the country for 365 days before i can apply for another H1. I plan is to come back to the U.S once i complete this period. ( i have an employer in U.S ready to sponser a new H1 when i'm eligible).

Meanwhile, I have started working in my home country. My new employer wants me to go to U.S on a B1 -visa for 4 weeks in Dec 2004. I am reluctant to visit now since i am not sure how it will impact my attempt for new H1 after 365 days.

My question is :

If i visit U.S.A now on B1 for 4 weeks, would the count of 365 days start all over again from the day i return from U.S ?

I have already spent 150 days out of U.S.A and do not want to take step which can delay my eligiblity for a new H1. (I know 2005 quota is exhausted. But i am hoping for an increase in H1 quota after the elections)

TIA
 
direstraitsfan said:
Hello,

I am in a big dilemma. I worked in the U.S on H1B for 6 years and left for home country in June 2004. My last employer delayed my G.C processing (started only in jan 2004) which gave me no option but to leave.

My understanding is that i need to stay out of the country for 365 days before i can apply for another H1. I plan is to come back to the U.S once i complete this period. ( i have an employer in U.S ready to sponser a new H1 when i'm eligible).

Meanwhile, I have started working in my home country. My new employer wants me to go to U.S on a B1 -visa for 4 weeks in Dec 2004. I am reluctant to visit now since i am not sure how it will impact my attempt for new H1 after 365 days.

My question is :

If i visit U.S.A now on B1 for 4 weeks, would the count of 365 days start all over again from the day i return from U.S ?
---enrty on B1/B2 is not counted
I have already spent 150 days out of U.S.A and do not want to take step which can delay my eligiblity for a new H1. (I know 2005 quota is exhausted. But i am hoping for an increase in H1 quota after the elections)

TIA
 
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