How do I count my time of stay on the H-1B?

The H-1B visa is intended for professionals with specialized skills and allows beneficiaries to remain and work in the United States for specified periods. Counting the time of stay in this status is essential to monitor the maximum allowed duration (usually up to six years, with the possibility to recapture periods of absence) and to plan future extensions or status changes.

In general, the time starts counting from the start date of the H-1B status validity, as indicated on your I-797 form (Notice of Action). This period covers the time during which you are officially authorized to work in the country under this status. If there are interruptions, such as periods of absence from the country, it is important to identify which intervals can be recaptured later.

For example, if you have temporarily left the United States, that time outside may, under certain circumstances, not count against the maximum limit – however, this aspect should be carefully analyzed, always following the current USCIS guidelines. It is essential to keep a careful record of the start and end dates of each period worked under H-1B status, as well as to document any international travel, since this information may be requested in future immigration reviews.

Similarly, if there is a change of employer, the new authorization period should be counted from the new approved validity period, but the time already used previously must also be taken into account. Finally, I always emphasize the importance of strictly following immigration laws and staying attentive to official regulations. Given the complexity of the system and the particularities of each case, it is recommended to seek information directly from official sources (such as the USCIS website) and be cautious about promises of easy results or guarantees of approval made by third parties.

This way, you protect yourself against possible scams or dubious marketing strategies and ensure that your time of stay is correctly recorded within the current legislation.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.