Immigration Issues/H1B Remainder period

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Question
Hi,

My husband's H1B extension was approved in Oct 2009 and is pending for stamping. He was physically present and working in US for the following periods

July 2007 - October 2008
July 2009 - August 2009

The above indicates that he was out of US collectively for more than 1 year. But never was he out of US for a continuous one year. He is planning to travel again by June 2010. Now, after his 6-year H1 period, is he eligible to apply for re-admission for the unused period of stay in US and extend his stay? Please let us know. Thanks a lot in advance.

Answer
Hi,

The six year clock for H1B status is only for periods physically in the U.S. under H1B status. Thus, your husband's employer can continue to file H1B extensions with the USCIS to "recapture" H1B time spent outside the U.S. until your husband has reached the six year aggregate limit for periods physically in the U.S. under H1B status.

When the time comes that even recapturing time spent outside the U.S. is not going to allow for additional extensions, extensions beyond six years in H1B status are possible when a PERM application has been timely filed by the employer with the Department of Labor: see www.h1b1.com/laborcert.htm

Alternatively, a new six year period altogether can be obtained if your husband continuously stays outside the U.S. for a one year period.

Our law firm can be reached at 212-268-3580 during business hours, or email info@h1b1.com

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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