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Is It True that I Can Get Another Six Years
in H-1B Status after Leaving U.S. for One Year?

Dr. William:

I am close to finish my six year limit in H-1B status. Is it true that I can get another six years in H-1B status after leaving U.S. for one year? Thank you very much for your kindly help and answer.

Answer:

It is true that you can get another six years in H-1B status after leaving U.S. for at least one year. Upon reaching the end of six years in H-1B status, you may depart the U.S. for a full year, and become eligible for another six years of H-1B status.

However, you will become subject to the yearly H-1B quota again. Thus, it is very likely that you may spend more than a year abroad as a result of the H-1B quota. Also, your U.S. employer can not file the new H-1B petition for you until you can show that you are out of the U.S. for at least one year.




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