Aytes Memo Dec. 5, 2006.
Guidance on Determining Periods of Admission for Aliens Previously in H-4 or L-2 Status; Aliens Applying for Additional Periods of Admission beyond the H-1B Six Year Maximum; and Aliens Who Have Not Exhausted the Six-Year Maximum But Who Have Been Absent from the United States for Over One Year.

(1) Time spent in H-4 status will not count against the 6 year limit;
(2) Extensions of status are available even if outside the U.S. and not in H-1B status; and
(3) H-1B visa holders who leave the US before expiration of the 6 year limit and stay outside the US more than one year have the option of reentering for the remainder of the time left on the 6 year limit (and avoiding the “Cap“) or applying for a new six years and being subject to the Cap. [Read more →]