H-1B Quota

By Editorial Team , 20 December 2006

H-1B holders, outside of U.S. for one year, who did not exhaust 6 year term, can opt to use remainder of 6 years to avoid cap.

The USCIS has announced that after completing a policy review that it was clarifying that to avoid H-1B QUOTA, individuals who spent one year outside of U.S. and did not exhaust entire six year term can CHOOSE to be re-admitted for “remainder” of initial six-year period without being subject to H-1B cap. The new policy was announced in a USCIS Interoffice Memorandum from Michael Aytes, Associate Director, Domestic Operations, to all Regional Directors and Service Center Directors, dated December 5, 2006. The USCIS Memorandum stated: