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H1B time recapture

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  • H1B time recapture

    Hi,
    I have a question I am hoping will get answered here. I am on H1B in the US and my 6th year ends in November this year. During these 6 years I was out of the US for about 7 months. I know this time can be recaptured, but can I do it on my own without my employer? The reason I want to do it on my own is because I have only a few months left and my employer doesn't seem to be in any sort of rush and my blood pressure is through the roof because of this.
    Thanks in advance.

  • #2
    Hi,
    I have a question I am hoping will get answered here. I am on H1B in the US and my 6th year ends in November this year. During these 6 years I was out of the US for about 7 months. I know this time can be recaptured, but can I do it on my own without my employer? The reason I want to do it on my own is because I have only a few months left and my employer doesn't seem to be in any sort of rush and my blood pressure is through the roof because of this.
    Thanks in advance.

    Comment


    • #3
      In order to extend your H1B, you employer should agree and provide necessary documents to prove that you are still employed. It is also possible that your employer might not be interested in extending this only for 7 months as the fees involved in renewing is increased.

      Do you have any other backup plan at your end? Are you in the process of getting Green Card? If your labor got approved, you can renew your existing H1B in one year increments. If you I-140 is approved, then your H1B can be renewed in 3 year increment provided your Priority date is not current.

      Thanks

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      • #4
        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">recapture </div></BLOCKQUOTE>
        You need employer's help for this issue.

        Those who need the overseas time recapture must preserve good record to establish the exact period of absence from the United States. Usually people attempt to prove such absence through the entry-exit stamps in the passport, but the USCIS authorities warn that they may need additional evidence including boarding passes, hotel registrations or invoices, or photographs with digital date, etc, etc. They should also ensure that their absence from the U.S. will not violate the labor condition application and H-1B rules.

        also see http://www.greencardapply.com/news/n...ews07_0206.htm

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