I previously worked in H1B status for a full 6 years. Do I need to stay abroad for one FULL year (continuous days) or just a total of 365 days (not continuous) to be eligible to file a new H1B?


The time abroad does not have to be continuous, as long as the trips to the U.S. meet the regulatory requirement of being “brief trips for business or pleasure.” The time in the U.S. doesn’t count toward the 365 days, but – if the requirements are met – it is just added on to the back end, rather than needing to start over again. (08.Dec.2014)

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