0002852853 Posted January 21, 2013 Report Share Posted January 21, 2013 My H1 expires in the next 3 months (after recapture of 30 days). I am aware I will have to spend 365 days outside of the US before a new H1 can be applied. Two questions: If I were to leave early, before the expiration of my H1 b, will the 365 day clock start early or it will still start after the completion of my 6 yrs? Do I have to continuously stay outside of the US for 365 days or can I visit the US on B2 VISA? Before I leave I plan to change my status to B2 so that I can visit US periodically to look after my house, what will be the impact of these US (B2) visits on the 365 day scenario? will it reset the H1 clock? Link to comment
pontevecchio Posted January 22, 2013 Report Share Posted January 22, 2013 Since the H1 subject to cap can only be filed in April it would work as long as you left before April. The 365 days would be extended by the number of days you visit as a tourist. Say you visit for 2 months that 2 months will be added to the 365 days and then a sponsor can file a cap subject H1. Link to comment
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