H-1B one-year waiting period: paid sabbatical abroad?

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harlekinNew Member
Topic author
Posts: 2
Joined: 29 May 2010

H-1B one-year waiting period: paid sabbatical abroad?

Post Sat May 29, 2010 10:41 am

I work at a US university and my current H1-B visa runs from Aug 2005 until Aug 2011. I intend to leave the US in May 2011 on a paid one-year sabbatical. I would like to start work at the same university with a new H1-B in Aug 2012 if possible. Will the paid time spent abroad count towards the one-year waiting period required to file for the next H1-B?

If so, do I have to wait until after May 2012 to begin the filing process?

Thanks!
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agnelsonCanuckAbroad VIP
Posts: 2869
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Joined: 26 Aug 2009

Re: H-1B one-year waiting period: paid sabbatical abroad?

Post Sat May 29, 2010 2:23 pm

The one year abroad, paid or not will re-start your 6-year clock. New rules have come out that also clearly explain what it mwans to be "abroad": its not so strict that you be physically outside US, occasional visits are now permitted without affectin gthe one-year (except for adding days, I believe)

As to when you will need to file, there are better H1 websites than here so I would be looking there. However, since you are at a University and not subject to quota, it won't matter if you have to wait until may. You H1 will be ready for september.
This site is a travel site and not best source for these topics:
TN and TD info: http://forums.immigration.com/forumdisp ... -TN-Status
For US/Cdn taxes and SS/CPP:forums.serbinski.com/index.php
US Marriage-based Immigration: visajourney.com
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