h-4

[fimbria]

hi,folks now that we are stuck in retrogression,my spouse filed for his g.c thro perm recently,our pd may be early 2006.priority date is what exactly?the date lc is filed or te date lc is approved?
by the time i finish my training which i have to do on h-1 i will have consumed all my 6 yrs,few as h-4 and rest on h-1.if retrogression persists, i will not have enough time to find a job and file for my own g.c.by the way i am a physcian.
is it possible that on h-4 i can go back andstay in my home country for 1yr?any restrictions on stay in terms of time on h-4.i need to conserve my h time.

 

[HARRY007]

Looks like you can recapture the H4 days..if you apply H1B.....please check....


From http://www.immigration-law.com/
12/23/2005: H-1B Recapture Policies of Nebraska Service Center

The Nebraska Service has released its opinion that the rule of recapture of H-1B cap or L-1 will not only apply to the time spent outside of the U.S. but also apply to the time within the U.S. in the following two situations:
Period of Unlawful Status in the U.S.: Time spent in an unlawful status counts towards the H-1B cap.
Another Lawful Status in the U.S.: Time in the U.S. in another lawful status is recapturable.

 

[fimbria]

hi,i did not get it.it mean if one is on h-4 it dosent count towards total h-1 period of 6yrs?
and also say if one is on L-1 say for 3 yrs if they go in for h-1 those past 3 yrs will not add on to total 6yrs?iam i right and is this a bill that needs to get approved?or is it approved?
need some clarification