H1-B duration/fresh application

[Phloyd]

Hello:

I had an H1B visa for almost 4 years (one 3-year period, and 1 year of 2nd 3-year period). At the end of the 4th year, I quit my job and moved overseas (this was in Oct 2011). No green card application was filed during this period. From what I understand, the H1B duration clock resets after being overseas for 1 year.

Now, I am planning to visit the US again on a visitor (B1/B2) visa, while within the first year (in July 2012). Does this mean I have to wait a year after the end of this trip to be eligible for a fresh 6-year H1B? Or is the H1B clock based on your departure at the end of the last H1B period, with no impact from visits on a B1/B2 visa?

My new employer may require me to move back to the US in the not-too-distant future as an H1B (or L1) employee. Certainly it would be prudent to avail of 6 years on the new visa than just the remaining 2 years from the last visa.

Any advise is appreciated.

Cheers!

Phloyd

[wiweq]

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

[livliv]

Short trip in B1/B2 status does not reset the clock. However, time spent in the US cannot be counted towards 1 year requirement.

[JoeF]

Brief visits for tourism or pleasure do not reset the 1-year timeframe, but the time on B1/B2 is not counted towards the 1-year abroad time.

So, if you have 6 months abroad already, then stay one month in the US on B2, you then need another 6 months abroad to complete the 1 year abroad.

Note that this applies to short visits on B1/B2 only.