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H1 period problem

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  • H1 period problem

    Hi

    Following are the dates of my US stay

    17 Jun 2001 - 04 Nov 2001 - B1 - 6 months

    02 Mar 2003 - 06 Sep 2003 - L1 - 6 months

    06 Mar 2004 - 07 Nov 2004 - L1 - 8 months


    11 Jul 2005 - 14 Aug 2005 - B1 - 1 month


    08 Jul 2006 - till now H1 - 2 yrs

    My question is how much is the left in my H1? I was out of US between L1 and H1 for more than 1 yr, but in between I was in US on B1 visa for 1 month. Does the 1 yr period between any L1 or H1 needs to be continuous?

    Thanks

  • #2
    The clock is reset if you physically leave the US for one year. The year must be consecutive, except for brief and innocent trips to the USA (such as vacations or short business trips).
    The clock is NOT reset if:

    You change status within the US. Only being physically outside the US resets the clock.
    You leave the US for six months, then return with your H-1B, and leave again for six months. Only a more or less consecutive time counts.
    You leave the US for four months, then travel to the US for a one month vacation, and then want to return after another seven months. You have to add the time spent inside the US to the time. In this example, your six year clock would be reset after another eight months.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment


    • #3
      Thanks.

      Just to clarify further, in my case I was out of US for 1 yr and 8 months with just 1 month in between on business trip (B1 VIsa) so my clock is reset?

      Thanks again
      S

      Comment


      • #4
        Yes. Confirm with your attorney.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

        Comment

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