Required stay in India

[chrp999]

Hello,

I have utilized my H1-B period 6 years, transferred to the new status from H1-B to H4 after my H1-B 6 years period. Have couple of clarifications regarding using another 6 years period.

To get another 6 years, I have to stay out of USA for 1 year period

Questions:

1. Do I have to stay out of USA continuously for 1 year without any visits to USA on H4 as a dependent?

2. Can I visit USA in between, “out of USA stay (1 year) “on H4 as a dependent?

3. Can any employer file new H1-B, during 1 year stay out of USA or need to file H1-B after full 1 year completion?

Thanks in advance for your valuable inputs and suggestions

Thanks,

RAJ

[JoeF]

According to the law, you have to stay outside of the US except for brief visits as tourist, i.e., on B1/B2. The time in the US on B1/B2 does not count towards the one year. So, if you stay outside the US for 6 months, then visit the US for one month, you need to stay another 6 months abroad.

A new H1 can be filed only when the 1-year stay abroad is fulfilled.

[Attorney_10]

Generally, an individual must be physically outside the U.S. for one full year to be eligible for a new cap subject petition. Short visits to the U.S. during the one year will likely not interrupt the continuity of the one year abroad; however, additional time will need to be spent abroad to make up for the time in the U.S. The H1B petition can be filed up to six months before the requested start date. Please schedule a consultation with an experienced immigration attorney to discuss these issues in more detail.

[chrp999]

Attorney_10 and JoeF,

Thanks a lot and appreciate your quick response, based on your inputs, I have couple of more questions:

The bottom line of my purpose is to stay with my family (I have one year old child ) as much as possible to avoid any inconvenience to my family.

Questions:

1.Can I go out of USA and come to USA on B1/B2 stay for 6 or more months, which will be not counted towards my “stay out of USA “1 year period ?

2. It is possible to " stay out of USA " for 6 months and 6 months on B1/B2 in USA then transfer my status from B1/B2 to H1-B ?

3. Currently I am on H4 and have 12 years experience prior to H4 status, Any Canada immigration possibilities just for 1 year?

4. My “stay out of USA “1 year period will be end by March 2014, would it be possible to file H1-B

6 months prior to the end of " stay out of USA " 1 year period like October 2013 if H1-B cap numbers are available for the year 2014 ?

Once again thanks in advance, I appreciate your inputs and suggestions.

Thanks,

RAJ

[chets_m8]

NO - you dont have to exit US after completing your 6 years on H1. You can Stay in USA - on H4 for one year and then apply for a new H1 for 6 years. However , please check with an immigration attorney.

Read this below content taken from MURTHY.COM - SECTION - Decoupling H1B and H-4 Periods of Stay in the U.S.

Prior to December 5, 2006, the maximum allowable total time of 6 years in H status applied to dependents in H-4 status, as well. That is, time in H-1 counted toward the total 6 years allowed in H-4 and visa versa. For example, a spouse in H-4 status for 3 years, who wished to change to H1B status, was eligible for H1B status for the duration of only 3 more years. A December 5, 2006 USCIS interoffice memorandum, known as the Decoupling Memo, provides that time spent in H-4 status no longer be counted against the total 6 years permitted in H1B status. Thus, an individual who may have spent 6 years in H-4 status as the spouse or child of an H1B status holder is eligible for the full 6 years in H1B status.

[pontevecchio]

1. NO

2. NO

3. You will have to apply for Canadian Immigration which is relatively easier.

4. You are eligible to have a sponsor file once your one year stay outside is over and not before.

[JoeF]

NO - you dont have to exit US after completing your 6 years on H1. You can Stay in USA - on H4 for one year and then apply for a new H1 for 6 years.

Sorry, but that is WRONG.

For a new H1, the person absolutely has to be outside the US for one year.

[t75]

If you do not want to be separated from your family, they can return to India for the entire year, both spouses go back thru quota and all be in sync for 6 years..

Quit trying to scam US immigration.