Interoffice Memorandum: Procedures for Calculating Maximum Period of Stay Regarding the Limitations on Admission for H-1B and L-1 Nonimmigrants (AFM Update AD 05-21)   [open pdf - 122KB]

"USCIS [U.S. Citizenship and Immigration Services] Headquarters continues to receive inquiries from the public concerning the proper interpretation of § 214(g)(4) of the Immigration and Nationality Act ('INA') and 8 CFR § 214.2(h)(13), which relate to the maximum period of admission for H nonimmigrants. Petitions for aliens classified as H-1B nonimmigrants who have spent the maximum period of time in the United States permitted by statute in H-1B status may not be approved unless they have remained outside of the United States for the specific period of time referenced in the related regulation."