H1-B Classifications and Docummentary Requirements -USCIS

  • #496633
    Joon 149.***.17.253 2788

    Hi Everyone,
    I asked a question below regarding a new H1-B after 6 years. I actually found the requirements from official USCIS website. I thought it will be helpful for whom have the same situation as me.
    We can actually apply new H1-B even if the first 6 years of time is not exhausted as long as we are out of the U.S. for at least one year.
    Please find the link below and I pasted section of it.
    Click on “Table of Contents and go to “Chapter 31.3 H1-B Classifications and Docummentary Requirements”. Read ” (15) H1-B Remainder Time”

    http://www.uscis.gov/portal/site/uscis/menuitem.f6da51a2342135be7e9d7a10e0dc91a0/?vgnextoid=fa7e539dc4bed010VgnVCM1000000ecd190aRCRD&vgnextchannel=fa7e539dc4bed010VgnVCM1000000ecd190aRCRD&CH=afm

    Alternatively, admission as a “new” H-1B alien refers to a petition filed on behalf of an H-1B alien who seeks to qualify for a new six-year admission period (without regard to the alien’s eligibility for any “remaining” admission period) after having been outside the United States for more than one year.

    For example, the alien who spent five years in the United States in H-1B status (from January 1, 1999 – December 31, 2004), and then remained outside the United States for all of 2005, is eligible to apply for a “new” period of H-1B status based on his or her absence of at least one year from the United States. Most petitioners electing this option will seek a three-year H-1B petition approval, allowing for the possibility of later seeking a three-year H-1B extension.