Question about 1-year wait between H1B visas

[zkhandwala]

Hi - I'm on the verge of having my H1B expire after six years, and will be returning to Canada. My US employer wasn't able to secure a Green Card for me, but has indicated a strong interest (for what it's worth) in hiring me again in a year, after my obligatory wait.

What I'm trying to understand, then, is the one-year wait period. Is the rule that I cannot cross the border into the US for that entire year, even just to visit? Does the USCIS even track the movement of Canadians closely enough to know whether or not I did?

I've also been considering the idea of studying in the US for a few months under a student visa, but I presume it would then be the case that I wouldn't be able to obtain the H1B until a full year after my studies.

Does anyone here fully understand the stipulations of the one-year wait?

Thanks,
Z.

[agnelson]

In order to reset H1 clock, you need to be outside US for 365 consecutive days.


Best to be looking at TN.