Waiting period after H-1B expiry and being out of country before moving into H-4


KarRobo

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Posted

My sister's H-1B (worked for 6 years) expired in Jan 2013, and she left US in Dec 2012 (one month before visa expiry).

She is currently in India and is planning on coming back to the US on H-4 - is there a waiting period for spending sometime outside US before you can return on H-4? How long is this waiting period?

Thank you

Posted

If her husband has an H1, she can come and stay on H4 for as long as her husband's H1 is valid.

She can not get another H1, though, unless she has been outside the US for a full year.

Posted

Thank you for your help.

One more follow up: does the waiting period start from Dec 2012 (when she left US) or Jan 29 2013 (when 6 year visa period expired?).

Thanks

Posted

Thank you for your help.

One more follow up: does the waiting period start from Dec 2012 (when she left US) or Jan 29 2013 (when 6 year visa period expired?).

Thanks

For a new H1, the person has to be outside the US for a year. Then a new H1 can be filed under the quota.

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