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H1B restart after 1 year or 6 months abroad?

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  • H1B restart after 1 year or 6 months abroad?


    I have used quite a bit of my H1B, probably left with 5 months (out of the max of 6 years). I graduated from grad school (with STEM degree) recently but because it is a degree of similar level to the previous one, I won't be getting an OPT. I figure my option would be to go abroad and work and come back so that the H1b term will restart for another 6 years term. Questions:

    1) how long do i have to be out of country? I read somewhere that I could be out shorter than 1 year (say 6-8 months) but I m not sure.

    2)if I go abroad after July 15, 2011 but come back here over Christmas to visit friends for say 1 month, so counting from July 15,2011 , should i come back at least after 13 months (assuming i need to stay out of country for at least 1 year to qualify renewal) in Aug 16, 2012 for work as I have to discount my 1 month vacation days here in US in order to qualify for the 6 years term renewal for H1B? in the other words , is the staying-out period of cumulative and not consecutive nature.

    Any advice would be greatly appreciated!! thanks!
    Last edited by amlee; 06-04-2011, 06:04 PM.

  • #2
    You need to stay out of U.S for 1 whole year to qualify for a fresh H1B 6 year term. It has to be continuous 12 months outside U.S.
    Not a legal advice. Use of this information is strictly at your own risk.


    • #3
      Thanks for responding.

      I would like to contribute to the US economy as a tourist within next 12 months but I guess I have to go somewhere else