April 28, 2006
Likely Change in the Calculation of H1B Periods of Stay in the
A USCIS memo is anticipated that will contain a change in procedure
for how H1B status is calculated. Current policy dictates that any
periods on H status count toward the six year maximum allowed in
H1B status. This includes times spent in H4 status as a dependent.
The new memo is expected to change this policy to only count time
spent in H1B status and that H4 time will no longer be counted towards
the six-year maximum stay calculation. GT will continue to provide
updates and information as they become available.