H2B "Period to stay out of the US"

[Kurtwalters 0]

Hello,

The title pretty much sums my question up.

Each year (for the last 2 years) I apply for a H2B visa to work in the US. Through speaking to other H2B visa holders I've heard this is a rule to stay out of the US for a period of at least 3 months so i can be granted for my next H2B Visa. (My Visa is seasonal need)

I have vigorously searched online for this claim but to no prevail have i found any solid evidence. I'm hoping someone can clarify this for me?

For example:

VISA expires (1st November, 2015.)

Applies for ESTA Visa (28th December - 8th January) Accepted.

Reapplies for visa to return to the US on (February 13th)

is this possible to have my new VISA granted as i did not spend the so to say "3 months between VISAS out of the country"

(This is a real situation for myself)

Thank you in advance.

Kurtis

[Mollie09 1,543]

If you're spending more time in the US than out, it might be hard to prove you don't have immigrant intent, and H2B is not a dual-intent visa, it's a non-immigrant one.

It's not a rule it's a guidance. You won't find it anywhere. But every time you apply for entry into the US, a lot of factors are taken into consideration, including this, and you may be denied based on how much time you're spending in the US.

[jan22 3,056]

http://www.uscis.gov/working-united-states/temporary-workers/h-2b-non-agricultural-workers/h-2b-temporary-non-agricultural-workers

Go to this website and scroll down to "Period of Stay". Once you have been in H2b status for a total of 3 years, you then have to stay out of the US for 3 uninterrupted months before you qualify again. Until then, no worries. Thee are some even tons even for that...sure has a link to them.

[Boiler 45,908]

Wonder what season this is.