H-1B outside residency proof at next extension


off_bias

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Dear forum members,

 

I held H-1B status for ~500 days out of 2192 days and then returned to home country for more than a year (2014-present). Now new petition is being filed and employer is asking if I am eligible for 6 years. 

 

I told him the maximum issue period is 3 years and in 2019 (next extension), we can demonstrate that I stayed outside between 2014 and 2016, and get 3 more years.

 

Is what I suggested correct, or do I have to demonstrate this now (2016) rather than at extension time (2019)?

 

Thank you!

 

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