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H1-B after 6 years (new rule re: 365 days out of the US)

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  • H1-B after 6 years (new rule re: 365 days out of the US)

    I'm having trouble getting clarification on the following government statement. I understand that one must remain out of the United States for one year before applying for a new H1-B visa (after the 6 year term has been used up).

    According to the following statement though, "brief trips for business or pleasure, for the immediate prior year" are acceptable.

    This seems to contradict the 365 day rule. How does one interpret "brief trips".

    Is there any way of getting around the one year waiting period for a new H1-B?


    The applicable CIS regulation, 8 CFR §214.2(h)(13)(iii) states:

    Pursuant to 8 C.F.R. § 214.2(h)(13)(iii)(A):
    An H-1B alien in a specialty occupation . . . who has spent six years in the United States under section 101(a)(15)(H) and/or (L) of the Act may not seek extension, change status or be readmitted to the United States under section 101(a)(15)(H) or (L) of the Act unless the alien has resided and been physically present outside the United States, except for brief trips for business or pleasure, for the immediate prior year.

  • #2
    I'm having trouble getting clarification on the following government statement. I understand that one must remain out of the United States for one year before applying for a new H1-B visa (after the 6 year term has been used up).

    According to the following statement though, "brief trips for business or pleasure, for the immediate prior year" are acceptable.

    This seems to contradict the 365 day rule. How does one interpret "brief trips".

    Is there any way of getting around the one year waiting period for a new H1-B?


    The applicable CIS regulation, 8 CFR §214.2(h)(13)(iii) states:

    Pursuant to 8 C.F.R. § 214.2(h)(13)(iii)(A):
    An H-1B alien in a specialty occupation . . . who has spent six years in the United States under section 101(a)(15)(H) and/or (L) of the Act may not seek extension, change status or be readmitted to the United States under section 101(a)(15)(H) or (L) of the Act unless the alien has resided and been physically present outside the United States, except for brief trips for business or pleasure, for the immediate prior year.

    Comment


    • #3
      My interpretation is as follows: You have to prove that you RESIDED outside of the U.S. for one year meaning you had an address, a job and paid bills in another country.

      It does not define "brief" but I would be cautious of trying to squeeze too much time out of an interim trip. If the officer thinks you did not actually reside outside of the U.S. for that year you may wind up having to stay outside of yet another year.

      Comment


      • #4
        Excellent response; Sugarpuff.
        Thank you.

        Comment

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