H1B visa Out of country


#1

Hi ,

I was in USA on my H1B visa for 4 years. after I went to my country and stayed there for 1.5 years.

and I came back to USA now. I have rest of the 2 years visa validity now. So, I can be in USA till 2019.

In this case, will my employer file H1B once again in 2019 for me if I ask ? Or do I need to be out of country for

1 year again after completing my current visa ? If i want to file my new H1B visa when is the right time to

apply for me?

Thanks in advance.


#2

You can extend H1 beyond 6 years only if your PERM/I-140 is approved.


#3

Thanks for your reply. But can I file my new H1B visa because already i was out of country?


#4

You can extend H1 beyond 6 years only if your PERM/I-140 is approved. Based on your question, USCIS gave you till 2019 only after calculating your 1.5 year stay outside. The 6 year stay is calculated based on physical presence inside the US and when you leave US for vacation or temporary relocation, you can only recapture those days - the 6 year clock will not be reset.

6 year clock would reset only when you stay outside US for more than 365 days and then apply for H1 in CAP.