回复：回复：离境1年重新申请

863211，

谢谢你这么快的答复。我仔细读了一下8 CFR 214.2(h)(13)(i)(B), 确实如你所说的，是累计。我的具体情况是公司在加拿大有个分支，所以律师说我可以去那里工作一年后回来，只需要办理一些手续，我需要自费申请加拿大绿卡。因此在这一年期间，还是开工资的。是不是这个原因，律师才说是连续一年。以下是我找到的在境外一年后重新申请H1-B的解释，最后说
Note, however, that if the alien is paid by the employer in the United States for his services outside of the United States, and if she continues to be paid during her B-1 visits to the United States, there may be issues of unauthorized employment to consider, both for the alien and for the employer.不太明白是什么意识。是因为这个原因，律师才说必须是累计一年？不好意识，帖子有些长了！


详细解释
Working outside of the U.S.

If options for working in the United States do not appear to be viable, it may be possible for the alien to work for the same U.S. company but perform services outside of the United States for a period of time (at least one year if he wishes to return to the United States in H-1 or L-1 status). There is, of course, nothing to preclude such an alien from entering the United States periodically as a B-1 or B-2 even during this one year period. Such entries are not considered interruptive of the one year period outside of the United States, but the days in the United States do not count toward the required one-year period outside the United States. Note, however, that if the alien is paid by the employer in the United States for his services outside of the United States, and if she continues to be paid during her B-1 visits to the United States, there may be issues of unauthorized employment to consider, both for the alien and for the employer.

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• 回复：回复：回复：离境1年重新申请 -863211- ♂ (1110 bytes) () 02/20/2010 postreply 20:34:59