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Do I have to leave the country for a year in order to apply for H1B status? I already had 6 years. Details below

Immigration 2 views 3 answers
I am a Canadian citizen living in the US. I had an H1-B Visa for three years and extension for 3 years (total 6 years). The lawyer never mentioned anything about being able to apply for a green card while in this status, and advised to file for an E-2 I have been in E-2 status for 10 years, but can never apply for permanent residency. I have an opportunity of a job and would like to change the E-2 status. Could I apply for the HIB again without leaving the country? If not, could I apply for a TN and then once I have this for a year, apply for HIB without leaving the country? Any advice would be appreciated Thanks, Sheila

Attorney Answers

3
Deborah Lynne KarapetianImmigration AttorneyGlendale, CA ·
I am slightly confused. You had the H-1B for six years over ten years ago and then changed to E-2 for ten years? Is this your own company? It is very difficult to petition yourself as an H-1B. Further, if you have not been outside of the US for a year, you cannot qualify for a new H-1B. What is the business you are thinking to use for the H-1B?
0 upvotes
J Ferrari ·
If you have not left the US for at least one year since you had your H-1B, you cannot get an H-1B until you have done so. Resetting the six year clock requires you to live outside the US for at least one year. Getting a TN is not going to work.
0 upvotes
Jeffrey Devore ·
If you spent 6 years in the U.S. in H-1B status, the clock does not reset until you spend 1 year outside the U.S. Spending time in the U.S. in a different status does not reset the clock. This would include changing status to that of a TN worker. What methods may be available to you to obtain permanent residence cannot be determined from these facts. It appears that you should be consulting with another experienced immigration attorney for a second opinion on your case.
0 upvotes

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