Second H1B interval


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Dear Attorney,

I have been out of USA more than a year and then came back and intend to

reclaim the period i was out of USA. My question is if i exhaust my full 6 years then do i need to leave USA again for one year to reapply for second H1B or i can reapply anytime because i already spent more than a year outside USA. Or can i reapply for new H1B afer spending 5 years in USA while leaving the 6th year unclaimed. What are options available if any to reapply for H1B second time. Your suggestions are most appreciated!


Dev Guy

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Generally, to be eligible for a new six years, an individual must be outside the United States for one full year. Typically, in cases where an individual has reclaimed previous H-1B time, the one year outside the United States to reset the six years would have to occur after having exhausted the 6 years of the reclaimed time or having left the United States in anticipation of resetting the six years if the six years have not been exhausted. It would be advisable to schedule a consultation with an attorney to discuss general rules and their application n individual situations and get further clarification..

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