Immigration Issues/H1B 6 year Timelimit


QUESTION: I stayed in the US since 2003 to 2011,in 2 L1B and 1 H1B,my questions is about below exception law,

"The law provides for certain exceptions to the limit on stay. If the beneficiary's work in the U.S. is seasonal or intermittent, or s/he spends six months or less per year in the U.S., then the six year limit does not apply.

I stayed <6 months in 2006,2008 between 2003 to 2011,so 6 year  time limit does not apply to me,please clarify


ANSWER: Dear Jag,

I understand your question now.  In my opinion, the exception applies to people who were in the US for less than 6 months for every year of his or her H1b visa.  If you spent less than 6 months in the US only during 2006 to 2008, I believe the exception does not apply to you because you spent more than 6 months in the US between 2003 to 2006 and from 2006 to 2008.

The exception is designed for people who travel to work in the US but primarily works outside of the United States for company.

I think I still need more information but based on what you told me, I don't think the exception applies to you.


Jack C Sung
attorney at law

---------- FOLLOW-UP ----------


 Thanks for the response,but I was in L1B before 2008,H1B issued in 2008 and stay in L1B before H1B was <6 months in 2006 and also in 2008 and in 2007 it was <7 months,I think exception applied as I didnt stay more than 6 months in previously issued L1B

USA  Entry Date   USA Exit Date   Visa   
9/22/2003   2/3/2006   L1B   
8/14/2006   4/22/2007   2ND   L1B   2006 <6 MONTHS
9/26/2007   2/28/2008   2ND   L1B   2007 < 7 MONTHS
10/4/2008   2/17/2010   H1B    2008<6 MONTHS

Queston is H1B issued above IN 2008 is eligible for 6 years as previous L1B stay was < 6 months.

ANSWER: Dear Jag,

You are still subject to the 6 year rule on H1b.  However, you can RECAPTURE the time you spent abroad and use them as additional time for H1b.  For more detail please refer to the following website:

---------- FOLLOW-UP ----------


  Let me rephrase the question,We are sure 6 year rule limit applies but what is the situation that doesn't apply,so only focus is if stay is <6 months the rule doesn't apply, in L1B ie 2006 and 2008 i stayed less than 6 months so my thought is H1B issued on 2008 is full 6 year H1B ,so previous stay in L1B was not counted against when an H1B was issued,is there a way we can validate the same with USCIS without any investment.USCIS is the one who decides the fact.


I don't agree.  You were on L1, which also counts toward the H1b time, so I don't think your H1b starts on 2008.  Given your history, I think your 6 years started to count on 09/22/2003.  You can only recapture the time, but your H1b 6 years did not start counting on 10/04/2008

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Jack Sung


Can answer: Immigration and visa issues Can't answer: Everything else


Been a practicing immigration attorney for 4 years.

Taiwanese American Lawyers Association. American Immigration Lawyers Association. Los Angeles County Bar Association

Southwestern International Law Journal

J.D. from Southwestern Univ. School of Law in 2007. Licensed attorney in California

Awards and Honors
LACBA 2011 Outstanding Public Service Award

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