H1B : The recapture of time outside the US

supafox

New Member
Hi,

I've been in H1B status within the US for 5 years and 8 months. I am now on my third H1B transfer of status which was issued in February 2007, and expires in June 2007. (i.e just 4 months to end the 6 year alotted H-1B status period).

So now with these 4 remaining months left, my current employer has agreed to start the Greencard process, stage one of which is the Labor Certification (which involves the advertising of position etc).

Because I only have 4 months left on my H1B visa, I have been advised, by my lawyer, to start the Labor certification process, return to my home country ( Trinidad and Tobago) for 3 1/2 months, then re-enter the US with 2 weeks left so that we could try to recapture the time (3 1/2 months) that I was out of the US, so that it buys me some additional time to obtain the Labor certification approval.

My question is how risky is this? Would I be able to easily obtain an H1B visa stamp from my country's US consulate, on presenting them with my current valid H1B petition?

Is the recapturing of time a indefinitely granted?

Please help,
Thanks

Also
 
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