H1 - what can be excluded from the limit?

[sotiredofwaiting]

Hi,
For the purpose of calculating the time spent on H1 and comparing it
with the 6 year limit, can I exclude all the days I was outside of the US?
Like vacations?
Also, I worked for a European office of my company for a couple of months,
can I exclude that time?

Thx,
B.

 

[Rajma]

1.

Only the time in which you were not on H-1/L-1/H-4/L-2 can be excluded. So, vacation cannot be excluded.

Regarding time spent in Europe, it depends what was your status at that time. I am not knowledgable enough on this.

 

[Jim Mills]

I have successfully excluded vacation time as long as you were not in the US

How can a person be "in the US in H status" if the person is not in the US? INS has taken some unusual positions on this but I have successfully reclaimed vacation time out of the US.

Jim

James D. Mills
Attorney at Law
jdmills@justice.com
732-644-5702