Though regulations contemplate that the 6 year period does not apply to an alien whose employment in the U.S. is seasonal, intermittent, or for an aggregate period of six months or less per year, that really doesn't help most persons who are working on a regular job in the U.S. Since the regulations are less than clear, as usual, the best guidance comes from the very-often-quoted-in-usvisanews.com Ms. Jacqueline A. Bednarz, Chief of the Nonimmigrant Branch at INS Adjudications in Washington.

In a letter dated February 15, 1994, Bednarz advised that the INS was aware that in certain circumstances an H-1B alien may be forced to leave the U.S. for an extended period of time for personal reasons. She indicated that the Service had adopted a policy allowing such aliens to "recapture" the periods of time spent outside the U.S. during the validity period of the supporting petition, provided that the time spent outside the U.S. was "meaningfully interruptive" of the alien's employment. As examples of "meaningfully interruptive" stays outside the U.S., she added that sick leaves and work details abroad would be qualifying, but not a vacation. Finally, she added that proving that the period outside of the U.S. was interruptive is a burden that lies on the employer filing the extension petition.

As an interesting aside, most of you might be interested to learn that up until October 1, 1991, the limitation was FIVE, not six, years, which once again begs the Phillips jingle "you've got to admit it's getting better, it's getting better all the time..." at least in some rare instances :-)