Apply for new H1B Visa after 6 yrs

[jennis]

I am going to finish H1B visa on September 2010 and have not filed for greencard. My husband works on H1B visa and still good for 4 more yrs. I got opportunity where I can work for 30-60 days outside USA and can have 30 days off. During this off period I am planning to stay here in USA on H4 visa with my husband. The rule to get fresh new H1B visa as per my knowledge is that I have to reside outside the country fot 1 yr. I have following questions.
1) Do I need to stay outside the USA for 1 yr without any stay in USA for 1 yr?
2) If answer is no for above question then can I enter the country on H4 visa, stay here for one month and then work for 30-60 days outside US, and count the period for which I stay outside USA towards 1 yr crietria, and apply for new H1B visa once I complete 1yr.
3)If there is any issue on staying on H4 visa and at the same time getting H1B visa after 1 yr outside country, any other recommendations to my situation.

I really appreciate quick answer!!!

[Subramanya]

I am going to finish H1B visa on September 2010 and have not filed for greencard. My husband works on H1B visa and still good for 4 more yrs. I got opportunity where I can work for 30-60 days outside USA and can have 30 days off. During this off period I am planning to stay here in USA on H4 visa with my husband. The rule to get fresh new H1B visa as per my knowledge is that I have to reside outside the country fot 1 yr. I have following questions.

1) Do I need to stay outside the USA for 1 yr without any stay in USA for 1 yr?

---- Yes

2) If answer is no for above question then can I enter the country on H4 visa, stay here for one month and then work for 30-60 days outside US, and count the period for which I stay outside USA towards 1 yr crietria, and apply for new H1B visa once I complete 1yr.

---- No
3)If there is any issue on staying on H4 visa and at the same time getting H1B visa after 1 yr outside country, any other recommendations to my situation.

---- Continue on H4 visa and let your husband file for GC. Yes, the disadvantage is that you will not be able get H1 and do a job on H1

Subramanya

[shervin143]

You have to stay outside U.S for 1 whole year to get a fresh 6 year term on H1B. If you use your H4, then the clock won't reset.

[jennis]

I got both the answers on this thread that I can't and can do it. Do you have any information on this subject matter?

I just want to know that can I go on H4 VISA, stay with my husband during my off period, work outside USA, and count the period for which I am staying outside towards 1 yr criteria? Is there any confirmed source for the answer that clock will reset or not?

[shervin143]

Please read the previous replies one more time. Both the answers say that you have to stay out of U.S for 1 whole year to get a fresh 6 year term on H1B. If you use your H4, then the H1B clock will NOT reset. That is exactly what the other member has replied too.

I got both the answers on this thread that I can't and can do it. Do you have any information on this subject matter?

I just want to know that can I go on H4 VISA, stay with my husband during my off period, work outside USA, and count the period for which I am staying outside towards 1 yr criteria? Is there any confirmed source for the answer that clock will reset or not?

[jennis]

Do you have the details on section214.2(h)(13)(i)(B) on this subject matter? I heard it has the details about the thread which I submitted. Please let me know.

Thanks