但是需要明白，這個備忘錄可以隨時被更新的規定推翻。因為它對meaningful interuptive和最高法院的一些其他判例中的理解有偏差。我個人認為如果移民局有人願意，推翻這個備忘錄的可能性很大。
8January 17, 20068 H-1B Additional Periods (Keep Your Airline Tickets) 00
H-1B visas are generally valid for a total of six (6) years (generally, applied in three-year increments). There are several ways to extend this 6-year limitation, and one is "recapturing" unused H-1B visa periods. Recapturing is possible when an H-1B employee/beneficiary can demonstrate that he/she, during the H-1B visa validity period, spent time outside the United States. In the past, such time had to be considered as "meaningfully interruptive" (maternity leave, extended medical leave, long term details outside the United States). Vacations and sick days were NOT considered meaningfully interruptive.
Note: New Rule
Any days (24 hour period) spent outside of the United States during the validity period of an H-1B (or L-1 petition) will not be counted toward the maximum period of stay in the United States in H-1B or L-1 status, provided that the beneficiary/employee is able to submit independent documentary evidence establishing that he or she was in fact physically outside of the United States during the day(s) for which the alien is seeking recapture (INA § 101(a)(15)(H)(i)(b) and INA § 101(a)(15)(L).). Evidence can include copies of I-94 Arrival/Departure cards (small white card inside the passport, issued upon entry into the United States by the USCBP that indicate date of entry), entry notations by a foreign country in the passport (entry notations by the U.S. when entering the U.S.), and airline tickets. 000
`PDF4Download: H-1B "H-1B Recapture" Clarification Memo (10/05) (US CIS)
8Additional H-1B Visa Periods0
8January 17, 20068 H-1B Additional Periods (Keep Your Airline Tickets) 00
H-1B visas are generally valid for a total of six (6) years (generally, applied in three-year increments). There are several ways to extend this 6-year limitation, and one is "recapturing" unused H-1B visa periods. Recapturing is possible when an H-1B employee/beneficiary can demonstrate that he/she, during the H-1B visa validity period, spent time outside the United States. In the past, such time had to be considered as "meaningfully interruptive" (maternity leave, extended medical leave, long term details outside the United States). Vacations and sick days were NOT considered meaningfully interruptive.
Note: New Rule
Any days (24 hour period) spent outside of the United States during the validity period of an H-1B (or L-1 petition) will not be counted toward the maximum period of stay in the United States in H-1B or L-1 status, provided that the beneficiary/employee is able to submit independent documentary evidence establishing that he or she was in fact physically outside of the United States during the day(s) for which the alien is seeking recapture (INA § 101(a)(15)(H)(i)(b) and INA § 101(a)(15)(L).). Evidence can include copies of I-94 Arrival/Departure cards (small white card inside the passport, issued upon entry into the United States by the USCBP that indicate date of entry), entry notations by a foreign country in the passport (entry notations by the U.S. when entering the U.S.), and airline tickets. 000
`PDF4Download: H-1B "H-1B Recapture" Clarification Memo (10/05) (US CIS)
8Additional H-1B Visa Periods0
選擇“Disable on www.wenxuecity.com”
選擇“don't run on pages on this domain”
