I was on H1B visa for last 6 years and my H1B 6 year period
expired last month. I understand that a person must leave
the US for 1 year before he or she can apply for a new H1B
visa for another 6 years.
I changed my status to M1 recently. My question is:
Instead of leaving US for a year, if I continue to stay in
US on M1 visa, what is the earliest
possible time at which I am eligible to apply for a new H1B
for another 6 years?
Unfortunately, no - you would need to spend a full year abroad to "re-set the H-1B clock" and get a fresh six years in H-1B status.
However, you should at least consult with an attorney to see whether some other employment-authorizing visa might be available to you based upon your background, career and goals. There may or may not be other options, but the H-1B is not the only employment visa out there - the O-1, P, E-1/E-2, and I are all options we have used in the past.
Get free answers from experienced attorneys.
25,179 answers this week
2,797 attorneys answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary