Inquiry Regarding Recapturing H1B Cap Days for Remote Work in Canada

Lalithkumarn

New Member
I am seeking guidance regarding the recapture of H1B cap days in my situation. I have been working in the U.S. under an H1B visa since July 2020 with a U.S. employer, receiving my U.S. payroll. However, due to market conditions and layoffs within my company, my employer paused the PERM process for the next six months.

From January 2022 to January 2023, I was commuting from Canada to the U.S. for work, where I worked three days per week in the U.S. and remotely from Canada for the other two days per week due to personal reasons. For example, 53 weeks * 4 days = 212 days (2 working days in the U.S. and 2 days on weekends).

Can I recapture these 212 days spent working remotely from Canada under the H1B cap exemption? I would appreciate any insights or advice on this matter.

Thank you in advance for your help.
 
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