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GC, Consular Processing after 6 years of H1B?

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  • GC, Consular Processing after 6 years of H1B?

    Hi,

    I left US after 6 years on H-1B. Soon after that my PERM & I-140 got approved. Now I am in my home country doing consular processing (my number is current). Somebody told me I can not get immigration visa during 365day period I should stay outside United States. Is this true?
    I don't want to be stuck in my home country for another 10 months, my employer does not like this idea either...

    thank you for your time

    Rob (slightly scared)

  • #2
    Not true. If you get your interview for the immigrant visa and get the GC, you can return immediately. Infact, you cannot be outside for more than 180 days after you get the immigrant visa.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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    • #3
      1 year rule if for getting another H1. Immigrant visa does not require any such thing.
      This is my opinion and not legal advice.

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      • #4
        Feeling better now

        Thank you, I was getting really nervous. It's amazing how much disinformation you can find reading random websites etc...

        Rob

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