Will a B1 Visa Effect H1B Filing?

[CuriousOne]

My boyfriend was on a H1B visa and after completion of 6 yrs returned to India on 6/3/11. He returned on an B1 visa for the first quarter of this year (1/3/12-3/3/12). To file another H1B visa, which can be filed after 1 year being out of US, will this business trip on the B1 effect that 1 yr condition in any way? For instance, will this push the date further or since it was a different visa, would it have no effect on filing the H1B; therefore being able to file the H1B visa on 6/3/12?

Any insight that could be provided would be greatly appreciated!

Thanks!

[wiweq]

1 year in 'stretch' needed to reset the 6 years quota. In parts won't work.

[JoeF]

It will push the date out with the duration of his visit in the US.

[kalyan_ac]

No. The person has to be out of states for 1 year on h1 be visa.

[CuriousOne]

Ok so which of the 3 answers is correct?

[pontevecchio]

All three answers are essentially the same. Add the period of the visit on B1 to 365 days and that is the earliest any sponsor can apply for a fresh H1 for him.

[JoeF]

Ok so which of the 3 answers is correct?

Mine :)

8 CFR 142.2(h)(13)(B):

"(B) When an alien in an H classification has spent the maximum allowable period of stay in the United States, a new petition under sections 101(a)(15)(H) or (L) of the Act may not be approved unless that alien has resided and been physically present outside the United States, except for brief trips for business or pleasure, for the time limit imposed on the particular H classification. Brief trips to the United States for business or pleasure during the required time abroad are not interruptive, but do not count towards fulfillment of the required time abroad."

[CuriousOne]

Ok so he will be eligible to file on 8/1 (6/1 + 3 mos on B1)?

[pontevecchio]

"Ok so he will be eligible to file on 8/1 (6/1 + 3 mos on B1)?"

I thought 6 plus three equaled nine?