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.

 

Additionally, 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.