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USCIS provides guidance on limits for H and L visa holders and extensions of H status under AC21 USCIS, on December 5, 2006, published long-awaited guidance with respect to dependents who spent time as an H-4 or L-2. As the guidance clarifies, time spent as an H-4 or L-2 does not count against the maximum allowable periods of stay available to principals in H-1B and L-1 status. Thus, a person who was previously an H-4 dependent and subsequently becomes the H-1B principal will be entitled to the maximum period of stay applicable to the classification. The guidance provides an example: A husband and wife who come to the United States as a principal H-1B and dependent H-4 spouse may maintain status for six years, and then change status to H-4 and H-1B respectively. Upon the switch, the new "principal alien" would be subject to the H-1B cap if not independently exempt. This memorandum provides that time a person has spent in L-2 dependent status will not count against the time available to the alien in L-1A or L-1B status. In addition, this guidance confirms that a person eligible for a 7th year H extension under AC21 may be granted such an extension, regardless of whether he/she is currently in the United States or abroad and regardless of whether he/she currently holds H-1B status. For more information about these exciting developments, and how they may impact you and/or your family, please contact this office. POSTED: December 21, 2006

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