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Tricky question - H1 visa expiring

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  • Tricky question - H1 visa expiring

    My H1 visa for 6 years is expiring and my employer has not filed any green card paperwork so I cannot extend it for the 7th year.

    I know that if I stay out of US for 365 days then I will get a fresh 6 years of H1. My question is during those 6 years, can I visit the US on a visitor visa for 1-2 weeks without hampering the 365 days rule?

    Thanks

  • #2
    no

    According to my friend's lawyer who was working on the visa and gc processing, if you go to the US for vacation, that wouldn't count. So the way I see it, it is 365 days of not working in the US as oppose to 365 out of the country.

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