TRICKY Question regarding H1 limit

B

bentheman

Registered Users (C)
Hello

I have a tricky question I have been researching it on this forum without a satisfactory answer. I am on H1 and my 6 years is expiring soon. I understand that if I leave the country for 1 year and then come back, I will get a fresh 6 years on h1.

I am planning to leave the county for 1 year and come back on F1 visa to study before I get my H1 again. My question is - during that 1 year when I am out of the country, can I come to the united states for a visit, for 1-2 weeks on a visitor visa and still get the 6 years fresh H1, or will that rule out this chance?

Thanks much
 
Rule did not say you can not enter the US during 1 year absence. I read somewhere in USCIS website stating short visit is supposed not to break 1 year absence, but how long is short is not clear.
I recommend not to visit even for short period to avoid unnecessary mess.
 
Thanks for your response. Can you please point me to the USCIS url where I can read more about this rule? I searched the USCIS website but cannot find any information related to this. Thanks!
 
H1 6US -1Ind- 6US

As far as I remember, you can re-enter into US on any other visa (except H or L). 2 weeks in US on visitors or Business visa shuold not be problem. Its actually a attorney question. Have second opinion aswell. But, same if possible stay out.
 
Thanks bzuccaro

I have another one:

Hello

Here is a tricky question that I am looking to find an answer for:

I was on F-1 visa for 4 years (college);
Then used 1 year OPT
Then went on H-1 for 4.9 years.
...
Now if I go back to F-1 status for masters degree, then after graduating will I get another 1 year OPT if:

1. I go back to India after quitting H-1 job for 2 months, apply for F-1 visa and come back.
2. Never leave US but just change status from H-1 to F-1 and go to India after a year to get the F-1 stamped.
3. 1 & 2 above doesn't matter on deciding whether I get a new 1 year OPT after my 2 years of F-1 for masters degree.

Thanks much to all the great folks here on the forum.
 
Hello bzuccaro

Really appreciate your advise and help on this forum. I have noted your contact info in case I ever need legal advise on any issues officially.

Thanks much!
 
You must log in or register to reply here.
Top