April 28, 2006

Likely Change in the Calculation of H1B Periods of Stay in the U.S.

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.