Getting Another H1B After E2 Status, Without Leaving the Country

[Copper Eye]

I was in H1B Status from 1997 to 2003. I used the entire 6 years permitted and worked for one employer. After 6 years I changed status to E-2. I have not left the US and have been in E-2 Status from 2004 to 2009 (dependant - my husband is the primary holder of the E-2). The E-2 status isn't working as we are having problems getting a Visa through the US Consulate, even though we've held E-2 Status here in the US for over 5 years. I have a chance to go into the H1-B category again -- can I apply for H1-B status since it has been 5 years since I held the previous H1-B? I am a Canadian citizen. I hold a Masters degree and am in a Specialty occupation. Any help would be appreciated.

[Mr. Knowitall]

You need to live outside of the U.S. for at least a year before you're again eligible for an H1B visa.

8 CFR 214.2(h)(13)(i)(B): "(B) When an alien in an H classification has spent the maximum allowable period of stay in the United States, a new petition under sections 101(a)(15)(H) or (L) of the Act may not be approved unless that alien has resided and been physically present outside the United States, except for brief trips for business or pleasure, for the time limit imposed on the particular H classification. Brief trips to the United States for business or pleasure during the required time abroad are not interruptive, but do not count towards fulfillment of the required time abroad."