preeti1506
New Member
Given: Employees PERM process not initiated by employer and employee is nearing completion of 6th year of H1-B CAP. Employee has an extension filed with USCIS (awaiting decision) for 2 months to claim recapture time outside of US.
Can that H1-B holder continue to work for 240 days or until the decision of extension (whichever comes first) if his 6 years of H1-B CAP expires while waiting for recapture time extension decision or employee should stop working immediately after CAP expires even if USCIS has not returned any decision yet? Please advise.
Can that H1-B holder continue to work for 240 days or until the decision of extension (whichever comes first) if his 6 years of H1-B CAP expires while waiting for recapture time extension decision or employee should stop working immediately after CAP expires even if USCIS has not returned any decision yet? Please advise.