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Question about the 1-year out of US requirement for H-1b

By Pcs_nyc in Work Visas

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Pcs_nyc Newbie

Pcs_nyc   0

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Hi,

 

I am a physician and had finished my H-1B visa for residency and fellowship training (all 6 years, never left the country during the h-1b duration) on June 30th, 2017. I left US to return to my home country Taiwan. I came back to the US for vacation last month on ESTA. I stayed in the US for one month and I plan to return to US again for 1-2 weeks in December. I have a potential employer who is willing to sponsor me H-1B visa, whenever my 1-year wait "outside of US" is over. My question is: is this one-year wait an "accumulative" 365 days or is it a "consecutive" 365 days? In other words, if I were to leave the US today and not come back to the US again, am I eligible for H-1b starting August 2018 (1 year minus one month of my stay in the US on ESTA) or October 6th 2018 (one year from today)?

 

Thanks a lot in advance!

 

Pcs 

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