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Apply for new H1B Visa after 6 yrs

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  • Apply for new H1B Visa after 6 yrs

    I am going to finish H1B visa on September 2010 and have not filed for greencard. My husband works on H1B visa and still good for 4 more yrs. I got opportunity where I can work for 30-60 days outside USA and can have 30 days off. During this off period I am planning to stay here in USA on H4 visa with my husband. The rule to get fresh new H1B visa as per my knowledge is that I have to reside outside the country fot 1 yr. I have following questions.
    1) Do I need to stay outside the USA for 1 yr without any stay in USA for 1 yr?
    2) If answer is no for above question then can I enter the country on H4 visa, stay here for one month and then work for 30-60 days outside US, and count the period for which I stay outside USA towards 1 yr crietria, and apply for new H1B visa once I complete 1yr.
    3)If there is any issue on staying on H4 visa and at the same time getting H1B visa after 1 yr outside country, any other recommendations to my situation.

    I really appreciate quick answer!!!

  • #2
    I am going to finish H1B visa on September 2010 and have not filed for greencard. My husband works on H1B visa and still good for 4 more yrs. I got opportunity where I can work for 30-60 days outside USA and can have 30 days off. During this off period I am planning to stay here in USA on H4 visa with my husband. The rule to get fresh new H1B visa as per my knowledge is that I have to reside outside the country fot 1 yr. I have following questions.

    1) Do I need to stay outside the USA for 1 yr without any stay in USA for 1 yr?

    ---- Yes

    2) If answer is no for above question then can I enter the country on H4 visa, stay here for one month and then work for 30-60 days outside US, and count the period for which I stay outside USA towards 1 yr crietria, and apply for new H1B visa once I complete 1yr.

    ---- No
    3)If there is any issue on staying on H4 visa and at the same time getting H1B visa after 1 yr outside country, any other recommendations to my situation.

    ---- Continue on H4 visa and let your husband file for GC. Yes, the disadvantage is that you will not be able get H1 and do a job on H1

    Subramanya

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    • #3
      You have to stay outside U.S for 1 whole year to get a fresh 6 year term on H1B. If you use your H4, then the clock won't reset.
      Not a legal advice. Use of this information is strictly at your own risk.

      Comment


      • #4
        I got both the answers on this thread that I can't and can do it. Do you have any information on this subject matter?

        I just want to know that can I go on H4 VISA, stay with my husband during my off period, work outside USA, and count the period for which I am staying outside towards 1 yr criteria? Is there any confirmed source for the answer that clock will reset or not?

        Comment


        • #5
          Please read the previous replies one more time. Both the answers say that you have to stay out of U.S for 1 whole year to get a fresh 6 year term on H1B. If you use your H4, then the H1B clock will NOT reset. That is exactly what the other member has replied too.

          Originally posted by jennis View Post
          I got both the answers on this thread that I can't and can do it. Do you have any information on this subject matter?

          I just want to know that can I go on H4 VISA, stay with my husband during my off period, work outside USA, and count the period for which I am staying outside towards 1 yr criteria? Is there any confirmed source for the answer that clock will reset or not?
          Not a legal advice. Use of this information is strictly at your own risk.

          Comment


          • #6
            Do you have the details on section214.2(h)(13)(i)(B) on this subject matter? I heard it has the details about the thread which I submitted. Please let me know.

            Thanks

            Comment

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