Can I Recapture The Vacation Days I Took In Past Six Yrs.

[shoonya_00]

hi guys,

i came to US on 15th july 2000. my labour cert was filed in March 2004 from company A. I just got my 7th year extension from company A in the last week of march and i got laid off from this company in the first week of april. right now i am in the process of looking for a job and i think i will get an offer very soon, provided my new employer is convinced that they should be able to get an 8th year extension for me next year.

They can do that if
1) my previous labour cert with company A is still pending.

2) or my new LC would be filed before 15th july 2006, so that the LC would have been in process for more than a year on 15th july 2007.

In last 6 years, i have taken atleast 4 months of vacation (all paid ofcourse) from the company A. Can I use (recapture) those months for my H-1B?

Please advise.

thanks
shoonya

 

[compiler]

Overseas days can be recaptured. But, you do not need it. You have already been in the 7th year H-1B, haven’t you?

 

[shoonya_00]

thanks for the reply. yes, i'm on 7th year of extension that would expire on 15th july 2007. Since it's already end of april, i have only one year and two months left on H-1. So, i need to file a new perm application which should have a PD before 15th july 2006 if i need an extension next year. Or, i will have to pray that my old LC (PD march 2004) doesn't get approved and use that to get another extension (from 15th july 2007 to 15th july 2008). I think i should use those vacation days (i visited india during that time) if the law allows it.

So, do you think i can use those four months. That would be really good.

thanks very much
shoonya

 

[kapsy30]

Yes you can get 4 months extension .. Send the coloured copy of the passport where you have entry to your home country and entry dates in US.
or if you have copy of Old i-94 ..


I have applied for my 7th year and extension and recovered some time out of country recently.

All the best..

 

[compiler]

thanks for the reply. yes, i'm on 7th year of extension that would expire on 15th july 2007. Since it's already end of april, i have only one year and two months left on H-1. So, i need to file a new perm application which should have a PD before 15th july 2006 if i need an extension next year. Or, i will have to pray that my old LC (PD march 2004) doesn't get approved and use that to get another extension (from 15th july 2007 to 15th july 2008). I think i should use those vacation days (i visited india during that time) if the law allows it.

So, do you think i can use those four months. That would be really good.

thanks very much
shoonya

Your old LC (PD march 2004) does not have to be approved in order to file your 8th year H-1B. You can keep using that LC to file your 8th year H-1B extension as long as that old LC has been on file for more than 365 days (actually it does). In your case, you do need to recapture the H-1B time but only that old LC.

 

[grid]

Yes you can get 4 months extension .. Send the coloured copy of the passport where you have entry to your home country and entry dates in US.
or if you have copy of Old i-94 ..


I have applied for my 7th year and extension and recovered some time out of country recently.

All the best..

kapsy30,

Did you attach any explanations on why you are requesting more than 1 year extension?

My visa is expiring in October, but actual 6 years of my staying in the USA will expire five months later, in March. I am applying for 7th year extension now by myself and do not know how to request more than 1 year.

Thanks in advance!