Question: 1 year outside USA resets the 6 year limit of H visa. Does travelling to USA on B visa during outside USA 1 year period impacts the reset?
Scenario: I’m reaching 6 year max limit on my H1-B in November 2022.
I’ve moved to Canada in Jul, 2022 and plan to travel to USA on B1-B2 visa in March, 2023.
Will my H1-B max limit reset in Jul 2023 as I would have stayed outside of USA for 1 year? Or H1-B max limit will NOT reset since I visited USA on B1-B2 visa?
Entering in B1/B2 for short trip during the cooling period of 1 year may not be counted against.
(B) When an alien in an H classification has spent the maximum allowable period of stay in the United States, a new petition under sections 101(a)(15) (H) or (L) of the Act may not be approved unless that alien has resided and been physically present outside the United States, except for brief trips for business or pleasure, for the time limit imposed on the particular H classification. Brief trips to the United States for business or pleasure during the required time abroad are not interruptive, but do not count towards fulfillment of the required time abroad. The petitioner shall provide information about the alien’s employment, place of residence, and the dates and purposes of any trips to the United States during the period that the alien was required to spend time abroad