Moving Outside USA For A Year While H-1B Has Not Expired

I have a valid H-1B until April 2014. I left my employment with my company March 2013 and we were in the process of applying for the GC. I did not have time to find another employer and file a GC application before entering my final year. Therefore even if I transferred my H-1B I still would have had to leave in 2014. Therefore I have decided to come back to England for a year and reapply when I have completed 365 days out. I have 2 questions: 1) Does my time start from when I left the US or do I have to cancel my H-1B? 2) If I go back to visit, I assume I just visit under the visa waiver?

Printer-friendly versionPDF version
ANSWER: 

1. The one year out starts when you leave USA.

2. It may be best not to visit during that year.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

Add new comment