H-1B Dance

Possible strategy tip:

The government rules say that one may extend H-1B status beyond the 6 year limit if a labor certification is filed for a green card before the end of the 5th year of H-1B status. If one decides to apply for a labor certification and it cannot get on file before the end of the 5th year, one alternative is for the foreign national to depart the U.S. before the end of the 5th year for a few weeks or months until the labor certification is filed and then return. Time out of the U.S. will not count toward the 6 years. Thus, if this dance is done in time, it will preserve the ability to extend the H-1B beyond the 6 year limit.

Martin