mk2245 Posted July 4, 2012 Report Share Posted July 4, 2012 I have recently learned that According to the a USCIS interoffice memorandum, any days spent outside the United States during the validity period of an H1B petition will no longer be counted toward the maximum period of stay in the United States in the H1B status. Is this true? For example, if I get stuck with the 221(g) admin processing for say 1 year, then can I reclaim this 1 year after the completion of my 6yrs on H-1B by showing valid proofs of my stay outside USA? Link to comment
JoeF Posted July 4, 2012 Report Share Posted July 4, 2012 This is not just a memorandum. There was a lawsuit against USCIS which established that time spent outside the US can be recaptured. A person by definition isn't in any status when outside the US. Link to comment
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