neethinpm
New Member
Hi everyone,
I’m trying to see if anyone has encountered a similar H-1B extension RFE and how USCIS handled it.
In my case, my employer filed an H-1B extension beyond 6 years (AC21 + recapture). USCIS issued an RFE stating that while some travel outside the U.S. is confirmed, they do not agree with recapturing a period where I was in the U.S. with a pending I-539 (H-1B to B-2 change of status) that was later denied because an H-1B petition was approved.
One important detail:
My prior H-1B petition was approved using the same recapture calculation that included this B-2 pending period, but USCIS is now questioning that same period in the current extension.
The RFE language says (paraphrased):
I understand that recapture generally requires physical presence outside the U.S., but I wanted to ask:
I’m working with an attorney, but would appreciate hearing real-world experiences from others who’ve dealt with this specific fact pattern.
Thanks in advance for any insights.
I’m trying to see if anyone has encountered a similar H-1B extension RFE and how USCIS handled it.
In my case, my employer filed an H-1B extension beyond 6 years (AC21 + recapture). USCIS issued an RFE stating that while some travel outside the U.S. is confirmed, they do not agree with recapturing a period where I was in the U.S. with a pending I-539 (H-1B to B-2 change of status) that was later denied because an H-1B petition was approved.
One important detail:
My prior H-1B petition was approved using the same recapture calculation that included this B-2 pending period, but USCIS is now questioning that same period in the current extension.The RFE language says (paraphrased):
- USCIS confirms only certain days outside the U.S.
- USCIS does not see evidence that I left the U.S. during the period when the B-2 COS was pending
- Filing an I-539 alone does not establish eligibility for recapture
- They request additional evidence to show eligibility for recaptured time during that period
I understand that recapture generally requires physical presence outside the U.S., but I wanted to ask:
- Has anyone received a similar RFE involving a pending/denied B-2 COS period?
- Did USCIS approve the extension after recalculating and allowing only confirmed travel days?
- Did anyone successfully argue this period, especially where USCIS had previously approved an H-1B using the same recapture logic?
I’m working with an attorney, but would appreciate hearing real-world experiences from others who’ve dealt with this specific fact pattern.
Thanks in advance for any insights.