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Immigration Issues/H1b 6 years Clock Reset

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Question
Dear Jack,

My 6 year Visa on H1b will expire in June 27, 2012 but I resigned and left the country in oct 2011 when there was 8 months left on my H1b.
1. Does my one year clock start from Oct 2011 or June 27, 2012.
2. Do I have to be continuously outside the country for 1 year or can I make a visit for 2 months in between on H4 visa. If I come in between on H4 then does my clock restart again.

Please advise,
Thanks,
VK

Answer
Hi Virendra,

1. Your one year clock started on Oct 2011 when you left the country.

2. I believe your visits to the US on H4 does not cut off your one year clock.  However, it would be better to make sure that you are outside of the US for 1 year completely before reapplying for another H1b.

Jack

Immigration Issues

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Jack Sung

Expertise

Can answer: Immigration and visa issues Can't answer: Everything else

Experience

Been a practicing immigration attorney for 4 years.

Organizations
Taiwanese American Lawyers Association. American Immigration Lawyers Association. Los Angeles County Bar Association

Publications
Southwestern International Law Journal

Education/Credentials
J.D. from Southwestern Univ. School of Law in 2007. Licensed attorney in California

Awards and Honors
LACBA 2011 Outstanding Public Service Award

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