H1-B Reset Question


venka

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Posted

I'm in a pretty complicated situation as everybody else here from my readings.

Background:

I completed my 6 years on H1-B in February 2012. My labor cert went through and my I-140 went in to background processing so my company was able to apply for 1 year extension quoting the labor certificate and I got approval from June 2012 till June 2013. (There is gap between Feb-June because my company applied for my labor cert only in my 6th year on H1-B so I converted to H4 visa for 3 mths to fill the gap). However in July my company had some major issue internally and shut down so I moved out of the US in October 7, 2012 considering I will at least reset my visa status staying outside the country for a year.

Question:

My wife still lives in the US(has a valid h1-B) and I need to travel to the US coming April. I am trying to decide if I should apply for an H4 or travel on a tourist visa. Will applying and traveling on H4 affect my H1-B reset?

My Understanding:

I'm under the impression that I have to be out of the country for 365 days to apply again for H1-B so my 2 weeks of vacation in US will be added to the time I spent outside the US. So I will be able to apply for H1-B October 3rd week of 2013 provided ofcourse the quota is still available if not I have to wait till 2014 April to apply on the new quota. Please clarify if I'm mistaken.

Any help would be greatly appreciated!! Thanks

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