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H1->H4->H1 1 year out of country for reset

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  • H1->H4->H1 1 year out of country for reset

    Hello Folks,

    I was on my last year of H1 and my 140 got denied. I did not have an option for an extension. I moved over to H4 to stay in the country. I planning to do my 1 year out right now and try and come back on H1 in Oct 2014. My questions are:
    1. For the 1 year out, do I need to do anything special..like surrender my H4 or do just be out.
    2. I've read that the time out does not have to be continuous. My spouse will continue to stay here, can I visit on my H4 or is it better to visit on a tourist visa or something?

    Any other suggestions?

  • #2
    Originally posted by breakfastdrive View Post
    Hello Folks,

    I was on my last year of H1 and my 140 got denied. I did not have an option for an extension. I moved over to H4 to stay in the country. I planning to do my 1 year out right now and try and come back on H1 in Oct 2014. My questions are:
    1. For the 1 year out, do I need to do anything special..like surrender my H4 or do just be out.
    2. I've read that the time out does not have to be continuous. My spouse will continue to stay here, can I visit on my H4 or is it better to visit on a tourist visa or something?

    Any other suggestions?
    1. Not required.
    2. Its advisable to be continously out of US for 1 Full Year.

    This is my opinion not legal advice.

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