Good News for
those worried about maxing out. USCIS has made some changes on how
to determine maximum periods of stay in H-1B and L-1 status.
USCIS now states
that any time spent in H-4 status does not count against the 6-year
maximum period of admission applicable to H-1B aliens. USCIS also
states that any time spent in L-2 status does not count against the
5- or 7-year maximum period of admission applicable to L-1B and L-1A
aliens respectively. Prior to this announcement, any time held in
H-4 or L-2 status was counted against an alien’s max-out date.
USCIS also notes
that Aliens who are eligible for extensions beyond the 6-year
maximum may be granted the extension of stay regardless of whether
they are currently in the U.S. or abroad and regardless of whether
they currently hold H-1B status.
Aliens who still have time left in their 6-year max-out period and
have been outside the U.S. for one year have
two options in
returning to the U.S. in H-1B status. You may be re-admitted in
H-1B status for the remainder of the initial 6-year admission period
and will not be subject to the H-1B cap if previously counted, or
you may seek to be admitted in H-1B status for a new 6-year
admission period and will be subject to the H-1B cap.
Please note that
you must show that you have been outside the U.S. for one year or
more and are eligible for the time period you are seeking- either
the remainder period or the new 6-year period. The remainder period
of the initial 6-year admission period refers to the full 6-year
period minus the period of time the Alien previously spent in the
U.S. in valid H-1B status.