Completing 6 Yrs of H1, attempting to recapture time.

H

h1queries

New Member
I will be completing 6 years of H1 in August this year.

I am short by about 50 days for 365 days of pending labor application so as to be eligible for 7'th year H1 extension.

However, I do have about total of 103 days spent out of US in last 6 years on three separate times consisting of 37 days, 38 days and 28 days

My question is...

Can I attempt to recapture this time out of US towards the completion of my 6 years limit on H1?

What are the chances that it would be successful given the fact that it has to be deemed as "meaningful interruption of employment"?

Any other possibilities?

Please share your experiences if anyone has been though similar situation.

Thanks
 
h1queries said:
I will be completing 6 years of H1 in August this year.

I am short by about 50 days for 365 days of pending labor application so as to be eligible for 7'th year H1 extension.

However, I do have about total of 103 days spent out of US in last 6 years on three separate times consisting of 37 days, 38 days and 28 days

My question is...

Can I attempt to recapture this time out of US towards the completion of my 6 years limit on H1?

What are the chances that it would be successful given the fact that it has to be deemed as "meaningful interruption of employment"?

Any other possibilities?

Please share your experiences if anyone has been though similar situation.

Thanks
Click to expand...


read:
http://www.twmlaw.com/resources/nonimmigrant/buyingtime.html
 
Thanks Ginnu...

I have read that article before..

However, I was interested to know what is success rate in such cases and what kind of cases are likely to be approved for extension and which cases are being rejected...

I have been reading conflicting reports in this regards mostly due to the fact that there in no clear guidance on what constitues a "meaningful interrution of employment"

Some people have claimed to recapture as less as 21 days time out of country where as in some cases the requirements is said to be atleast about 6 months break time...

Thanks
 
I was told by a lawyer that the chances are very high if you have H1 extension or trying to get the extra time from Vermont centre.. But he told that Texas center does not do that that well.

So am not sure about it.. Please let me know if you have statistics or if you have heard about any one getting the entire time.
 
Documents for Recapture Time?

Can anyone please help me with the list of documents required for the Time Recapture on H1B?

I just started my sixth year in H1 from April 06th,2005 and i want to make use of the 80 days i was out of country in the last five years.(Based on the recent AAO/CIS decision)

I would like to switch employer and try to file PERM in the next 2 months and have the labor infile before 365 days. I'm cutting close and having a race against time, i welcome all your suggestions.

Also i would like to know the issues of applying for the recapture time with a change of employer. Please post your advices and suggestions.

I would really appreciate the help.

Thanks,
Bhakthan
 
Bhakthan said:
Can anyone please help me with the list of documents required for the Time Recapture on H1B?
----- provide all the page of passport that have entry date stamps and stamps when you enterd your country. lawyer has to poin out on cover letter

I just started my sixth year in H1 from April 06th,2005 and i want to make use of the 80 days i was out of country in the last five years.(Based on the recent AAO/CIS decision)

I would like to switch employer and try to file PERM in the next 2 months and have the labor infile before 365 days. I'm cutting close and having a race against time, i welcome all your suggestions.

Also i would like to know the issues of applying for the recapture time with a change of employer. Please post your advices and suggestions.

I would really appreciate the help.

Thanks,
Bhakthan
Click to expand...
 
Bhakthan said:
Can anyone please help me with the list of documents required for the Time Recapture on H1B?

I just started my sixth year in H1 from April 06th,2005 and i want to make use of the 80 days i was out of country in the last five years.(Based on the recent AAO/CIS decision)

Thanks,
Bhakthan
Click to expand...

Hi Bhakthan

Were you able to recapture? What documents you provided? I am in the same boat as yours. 6th year kicks in on May 12. I have about 120 days out of states in last 5 years. Pls let me know. Want to switch employer and file under PERM EB2.

Best of luck

KAGC
 
unitednations said:
You will have only used 66 months of your 72 month limt. You would apply to get an extension of six more months since you are still within your six period. If you have spent any time outside the country then you should ask for the six months plus amounts you spent outside.

Either consult a lawyer or a knowledgeable person on the mechanics of how to fill out the forms.
Click to expand...
Thank You
I did not leave the country since I landed ,I will talk to my Attorney and file for the extension
Thank You once again
 
successful recapture of > 100 days spent outside US

Friends,
I thought this might be useful to those who are seeking recapture..
One of my colleague recently got a successful recapture of more than 100
days she spent outside US since her first time landing in US on H1.

Her case was filed in premium processing and USCIS approved in 2 days !!!!!

I hope this information is useful to those seeking recapture.
Good Luck!!
 
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