H1-H4-H1 Reclaim period

[Goal_MBA]

Hi,
My wife changed her visa status from H1B to H4 in Jun'2010. She was out of the country for 3 months out of last one year. She is planning to get back on H1B soon. Please let me know how much of this 12 month period can she reclaim on her H1B?

[shervin143]

Only the time spend inside U.S in H1B status or L1 status counts against the 6 year period. You do the math.

[Goal_MBA]

Thank you so much. Its a relief considering one of the Immigration HR in her new company mentioned that none of the period on H4 can be retrieved.
Now considering they apply for her fresh H1 now and it becomes valid from 1st Oct then she can reclaim 16 months (Jun'10 to Oct'11) on her H1.
Thanks for your help.

[Goal_MBA]

Shervin,
I see a different answer on a different web site.
Do you think the law has changed after 2005?

Only the time spend inside U.S in H1B status or L1 status counts against the 6 year period. You do the math.

[shervin143]

If you are going to look around the internet, then of course you are going to find different answers. I cannot justify what others have said. I suggest you consult an immigration attorney.