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Washington University Explains how H-1B Visa Holders can Scam the System
Extensions beyond six years
Generally, H-1B status can be held for a total of six (6) years, applied for in increments of up to three (3) years. However, extensions beyond the six (6) years are possible in some circumstances. If an employee believes they are eligible and the hiring department wishes to pursue an extension, the hiring department should contact OISS.
H-1B recapture time
Only time spent physically present in the U.S. in H-1B status is counted toward the maximum H1-B period. Days spent outside the U.S. can be “recaptured” and added back to the employee’s total maximum period of stay, provided those absences are properly documented.
To properly document time spent outside of the U.S., we encourage H-1B employees to keep a detailed record of all travel abroad along with all related immigration documents. The evidence of travel is the employee’s I-94 records. USCIS may accept the following documents as supplemental evidence: boarding passes, airline tickets, frequent flyer records, travel itineraries, credit card statements with travel purchases and hotel receipts.
Restarting the 6 year clock
>If the employee has been physically absent from the U.S. for at least twelve consecutive months, they may be eligible for another six years of H-1B status.
Documentation of time spent outside the U.S. is necessary to apply for the additional period of H-1B status; this may include proof of employment outside the U.S., copies of lease agreements, etc.
Sauce: https://oiss.wustl.edu/sponsoring-h-1b-employees/
Archived Sauce: https://web.archive.org/web/20241228184723/https://oiss.wustl.edu/sponsoring-h-1b-employees/