Recapturing H1 time away

M

madras90

Registered Users (C)
Did anybody here do the recapturing paperwork? Can the individual do it or the employer has to do it? What documents are needed? Thanks.
 
It is your employer who is authorized to file the H-1B extension. To claim recapture time, you may use the arrival / departure records on your passport.
 
Hi,
I work in a law office. You would need copies of all passports (stamps) that show your time outside of the U.S. Bording passes/airline tickets and a table of some sort from the attornys office specifying all time outside the U.S. It has worked for us in the past with no problems. Good luck.
 
Recapture time away

I do not have the boarding pass and tickets with me anymore. Will copy of the entry and departure dates stamped in the passport suffice?
 
When I recaptured the time 3 years ago,I only submitted copy of all the passport pages and it worked.
 
Can time spent on L2 EAD be recaptured for the H1 6 year limit? In other words, if I switch to L2 EAD, can I stop accumulating time on my H1?

Thanks.
 
Last edited by a moderator:
seeking_advice said:
Can time spent on L2 EAD be recaptured for the H1 6 year limit? In other words, if I switch to L2 EAD, can I stop accumulating time on my H1?

Thanks.
Click to expand...

manwithnoname said:
Yes you can.
Click to expand...

So if I switch to using a L2 EAD, lets say for 6 months to 1 year, how do I recapture that time when I switch back to H1? I would not have entry/exit stamps on my passport.

Also when I apply for L2 EAD, do I get a new I-94 or just the EAD card? Will there be a change of status petition (H1 to L2 EAD) with my L2 EAD request?

Thanks.
 
seeking_advice said:
So if I switch to using a L2 EAD, lets say for 6 months to 1 year, how do I recapture that time when I switch back to H1? I would not have entry/exit stamps on my passport.

Also when I apply for L2 EAD, do I get a new I-94 or just the EAD card? Will there be a change of status petition (H1 to L2 EAD) with my L2 EAD request?

Thanks.
Click to expand...


Further more, I found this article:

On October 21, the new CIS policy was spelled out in detail in a nine-page memo by Michael Aytes, CIS’ Acting Associate Director for Domestic Operations. In brief, the Aytes memo states that
# Any absence of 24 hours or more may be recaptured
# A request for recapture of time must be supported by independent documentary evidence (e.g., passport stamps, I-94s, plane tickets, etc.) and should contain a chart of the person’s absences from the U.S. and a statement requesting recapture. The burden of the proof is on the petitioning employer.
# H-4 and L-2 dependents may be granted extensions of stay to the same date as granted to the principal applicant.

To me, this would mean that by switching to L2 EAD, one cannot stop accumulating time on H1.

Please let me know if you know anything different.
 
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