One year stay outside US

[Jayashankardm]

Hi,

I have completed 3 and Half years on L1 and now I am outside US from 9 months and now I got H1B for remaining period considering 6 years.

do I need to complete 1 year stay outside US prior to Stamping or Entering USA?

means 1 Year is calculated on Date of Leaving and next date of Entry to US? or I have to go for stamping H1B after completing 1 year?

[raghvi]

Hi,

I have completed 3 and Half years on L1 and now I am outside US from 9 months and now I got H1B for remaining period considering 6 years.

do I need to complete 1 year stay outside US prior to Stamping or Entering USA?

means 1 Year is calculated on Date of Leaving and next date of Entry to US? or I have to go for stamping H1B after completing 1 year?

Not much clarity has been provided by USCIS under this, but reading from the clause, it appears one has to apply H1 after 1 Year of stay outside US. And by application I mean the time H1B application reaching USCIS. One also has to submit proof of 1 Year stay outside US along with H1 application in order to get fresh 6 Year H1. If you applied before 1 Year completion you will most likely not get a 6 Year H1.Nonetheless due to my limited knowledge please do consult an immigration attorney .

This is my opinion not legal advice.

[Jayashankardm]

Thanks for your reply !

Not much clarity has been provided by USCIS under this, but reading from the clause, it appears one has to apply H1 after 1 Year of stay outside US. And by application I mean the time H1B application reaching USCIS. One also has to submit proof of 1 Year stay outside US along with H1 application in order to get fresh 6 Year H1. If you applied before 1 Year completion you will most likely not get a 6 Year H1.Nonetheless due to my limited knowledge please do consult an immigration attorney .

This is my opinion not legal advice.

Thanks for your reply !

I my case I have applied H1 before 1 year so I got petition for remaining period (2.5 years) now I I travel to Us with this Visa after one year stay outside , Can I apply for H1 extension for remaining 3 + years as I have stayed outside US for 1 year and can submit Proof along with extension documents.