H-1B stamp in Canada for previously issued H-1B status

[cvv011]

I was issued H-1B status from 10/01/99 to 10/01/05. Last 3 month of that, I had to spend in Canada waiting for my J-1 waiver approval (working for the same company). Provided that I get the waiver, and I'm still employed for the company (they send me the offer & embassy package), do you think the embassy here in Canada will issue a stamp for the 3-month H-1B that I haven't used (was out of country)? I plan to show them my last H-1B extension 10/01/02 - 10/01/05, and provide the fact that I was outside of the country for the last three months of that. I was advised by the attorney that this should work, but it is not a clear cut. Anybody with similar experience?

 

[GotPR?]

you may get 3 months, but not guaranteed. To be strict, your absence from the US has to be "meaningfully interruptive" to recapture that time into H1B period. This means the period staying out of the US with maintaining tie with the employer is not supposed to be recaptured. However, there seems a lot of people successfully recapture their vacation time, so it may work.