回複：回複：離境1年重新申請

863211，

謝謝你這麽快的答複。我仔細讀了一下8 CFR 214.2(h)(13)(i)(B), 確實如你所說的，是累計。我的具體情況是公司在加拿大有個分支，所以律師說我可以去那裏工作一年後回來，隻需要辦理一些手續，我需要自費申請加拿大綠卡。因此在這一年期間，還是開工資的。是不是這個原因，律師才說是連續一年。以下是我找到的在境外一年後重新申請H1-B的解釋，最後說
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.不太明白是什麽意識。是因為這個原因，律師才說必須是累計一年？不好意識，帖子有些長了！


詳細解釋
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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• 回複：回複：回複：離境1年重新申請 -863211- ♂ (1110 bytes) () 02/20/2010 postreply 20:34:59