Iamurray

Hi can anybody help with this?
I'm currently in the US on a H1b with employer A and coming to the end of my 6th year. Employer A would like to employ me again in the same position after I have taken the 1 year out of the US on a new H1b. Are there any issues with getting a second 6 year H1b for the same job again or is each application considered in isolation of any previous H1b history.
Second, for the year out of the US are you allowed to enter on a tourist visa or does that reset the 1 year clock again.
Thanks for any comments

ian-mstm

Your new H-1B will be decided on its own merits, but having had an H-1B before certainly won't work against you.


Good question... this I'm not sure.

Ian

Iamurray

Thanks for responding.

zerlesen

I think (but please don't take this as authoritative!) you just have to amass one cumulative year outside the country - so re-entry as a tourist stops the clock without resetting it.

Orangepants

I looked in this for my OH when he was near the end of his H1B. Our lawyer sent me this:

The relevant regulation is CFR 214.2(h)(13)(i)(B)

(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.

Iamurray

Thanks you for the information. This forum site is much more useful than anything on the us government site!