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| New Court Decision Regarding H-1B 6-Year Period |
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| Written by Jennifer Hopkins | |
| Wednesday, 06 April 2005 | |
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The American Immigration Lawyers Association (AILA) posted a recent decision of the U.S. Citizenship and Immigration Services (USCIS) Office of Administrative Appeals (AAO) regarding the 6-year time-limit for stay in the U.S. on an H-1B visa: "...time spent outside the country during the validity period of a [H-1B] petition must be counted towards the alien's maximum stay in the United States, unless that time was interruptive of the alien's employment ... time outside the United States that is considered part of a normal work period, such as weekends and vacations, cannot be considered interruptive of employment, and that the time cannot be reclaimed for purposes of extending the six-year limit." This issue is still a technical and complex one, but if you feel that it may apply to your situation, we suggest that you contact your immigration attorney. - Information obtained from AILA Infonet at Doc No. 05032360 (March 23, 2005). |
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