Visit the US with B1 visa after work visa expires, before new H1B can be applied

[cocreateguid]

Assume I have used all 6 years with my H1B visa (or 5 years on L1B visa). Now I have to leave the US for at least one year so I can re-enter the US with a new H1B or L1B visa. What happens if I need to visit the US in the meantime?

Let's say I will leave the US on 10/1/2012 and want to return to the US with a new H1B visa on 10/1/2013. Can I apply for B1 visa and visit the US for 3 months between the two dates? What will happen to the one-year waiting time?
1. Nothing happens, I can still enter the US on or after 10/1/2013;
2. The 3 months of stay in the US on B1 will be counted and I cannot enter the US until 1/1/2014;
3. The one-year waiting time will be reset and start fresh from the date I leave the US on B1 (that sucks )
4. None of the above (please explain).

Thank you!

[shervin143]

Only very short visits on B1/B2 are allowed. Long visits (like 3 months or so) will not reset the H1B clock. It is advisable to stay away from U.S for 1 whole year if you are planning to get a fresh 6 year period in H1B.

[cocreateguid]

Hi shervin143, thanks for your answer. I am a bit confused.

1. First you indicated that only very short visits on B1/B2 are allowed. Which implies that it is not possible to do long visits like 3 months.
2. But then you said "long term visits will NOT reset the H1B clock". Which implies people may do long visits.

The two seem to have conflict. Can you clarify?

Thanks!

Only very short visits on B1/B2 are allowed. Long visits (like 3 months or so) will not reset the H1B clock. It is advisable to stay away from U.S for 1 whole year if you are planning to get a fresh 6 year period in H1B.

[shervin143]

What I mean is, if you visit U.S for a longer time in B1/B2, then the 1 year clock (the period that you are suppose to stay outside U.S) to get a fresh 6 year period in H1B will not get reset.

Hi shervin143, thanks for your answer. I am a bit confused.

1. First you indicated that only very short visits on B1/B2 are allowed. Which implies that it is not possible to do long visits like 3 months.
2. But then you said "long term visits will NOT reset the H1B clock". Which implies people may do long visits.

The two seem to have conflict. Can you clarify?

Thanks!

[cocreateguid]

What I mean is, if you visit U.S for a longer time in B1/B2, then the 1 year clock (the period that you are suppose to stay outside U.S) to get a fresh 6 year period in H1B will not get reset.

Cool. So bottom line is, if I have to visit the US for a short time occasionally during the "1 year stay outside of the US" time window, I do not have to worry about the 1-year clock. Right?

[shervin143]

Right. But if you can avoid enter U.S, then it is advisable to do so.

Cool. So bottom line is, if I have to visit the US for a short time occasionally during the "1 year stay outside of the US" time window, I do not have to worry about the 1-year clock. Right?

[chn1234]

Right. But if you can avoid enter U.S, then it is advisable to do so.

Does this mean short visits (less than 1 month) are okay even on L1 visa?

[raghvi]

Does this mean short visits (less than 1 month) are okay even on L1 visa?

If you have exhausted your 6 Years stay on L1 + H1 then you cannot be either on H1 or L1 in US for the next one year if you wish to reset the clock. This is my opinion, not legal advice.

[shervin143]

No. If you enter U.S in any work visa even for a couple of days, then you will have to spend 1 year outside U.S again to earn a fresh 6 year period.

Does this mean short visits (less than 1 month) are okay even on L1 visa?

[vigneshhere]

Visiting US on H4 during cool off period - will that reset the 1 year cool off period

Hi,
I completed my 6 years on H1B VISA by MAR 27, 2013. I went back to India with my family.
My wife came back to US on her H1B and I travelled with her by DEC 30, 2013 - 9 months into the cool off period on a H4 VISA, for the sake of my children.
If I try to apply for a new H1B VISA, will I need to show 1 continuous year outside US or can I stay off the country for another 3 months to make up for the 1 year cool off period?
Note: I did not travel to US on a work VISA or B1 VISA during the cool off period; I am here on H4 VISA.
Please advise.
Regards,
Vignesh R

[raghvi]

No you cannot, it has to be continuous 1 Year outside stay period.

This is my opinion not legal advice.

[prasan.gov]

No you cannot, it has to be continuous 1 Year outside stay period.

This is my opinion not legal advice.

I have a question. If i used my 6 years of H1B period and I stayed outside for 1 whole year. Can I enter USA on visit visa after 1 year completion and then still be able to apply for H1-B visa later on while holding visit visa for USA.

For instance, my H1B expired on Sep 2013 and I have been outside since Sep 2013. I have applied for Canada residency. If in case, once i got Canada residency , can I enter USA on October 2014 ( after 1 Year completion ) on visit visa and still be able to apply for H1B on April 2015. does that not going to ineligible me in anyway? Please verify.

Thanks in advance.