three years period of H1B, should be continuous?

[poa]

Dear Mr.Subrahmanya

Normally, H1B visa period is for 3 years.

once we enter in US with H1B, then stay for 6 months and come back and again go after one year and then stay for another 2 years 6 months. total will be 3 years, the missing one year, will they count that one year also or only the stay period and employment period will be counted for the total 3 years?

Please give clearity for this.

Regards
Poa

[DMX17]

I think you need to read about H1.

Total H1 time spent in the U.S. = 6 years. On H1, you must work for the employer all the time with a few exceptions. There are extensions possible beyond 6 yrs based on PERM/I-140.

So only the time you spent in the U.S. on H1 status is counted towards the 6 years. Time spent outside U.S. including vacation outside the U.S. can be recaptured.

The approval is generally for 3 yrs. If you work in the U.S. for the first 6 months and then leave, you can come back any time as long as the petition, job offer, and visa are valid. Once the petition has expired, your employer will need to apply for another H1 and then you can enter with a valid visa and approval notice. If you are in the U.S. before the petition expires, your employer can apply for an extension as long as you have remaining H1 time.