NEED URGENT HELP on recapture of days between jobs

T

tarantula

Registered Users (C)
Experts,
I need some urgent info regarding applying for h1 extension based on days I was in between jobs.
My employment in Company 1 ended on August 31, 2001 and employment in Company 2 started on October 15, 2001. So, there is a 45 day gap between jobs. My current H1 expires on Jan 17, 2004 (6 years). Is it possible to successfully capture those 45 days and thus extend my h1 by 45 days? Is it possible for me to capture my vacation time (doubt this)? My labor will be pending for a year as of March 24, 2004.
I was in India from the last week of August and returned to US on Sep 19, 2004. When I got my new H1 for company 2, I got it revalidated at the US consulate in Vancouver, BC, without any issues.
If it is possible to capture the 45 days, what docs do I need to show as proof. I have letters from both employers showing the end/start dates of employment. I assume its possible to do premium processing.
PLEASE SHARE YOUR EXPERIENCES AND THANKS A BUNCH FOR YOUR ADVISES.
 
Experts,
I need some urgent info regarding applying for h1 extension based on days I was in between jobs.
My employment in Company 1 ended on August 31, 2001 and employment in Company 2 started on October 15, 2001. So, there is a 45-day gap between jobs. My current H1 expires on Jan 17, 2004 (6 years). Is it possible to successfully capture those 45 days and thus extend my h1 by 45 days?
--- No
Is it possible for me to capture my vacation time (doubt this)? My labor will be pending for a year as of March 24, 2004.
--- May be if you were out of US
I was in India from the last week of August and returned to US on Sep 19, 2004. When I got my new H1 for company 2, I got it revalidated at the US consulate in Vancouver, BC, without any issues.
If it is possible to capture the 45 days, what docs do I need to show as proof? I have letters from both employers showing the end/start dates of employment. I assume its possible to do premium processing.
PLEASE SHARE YOUR EXPERIENCES AND THANKS A BUNCH FOR YOUR ADVISES
---- You need to discuss with your lawyer
 
ginnu,
Thanks for your reply. But I'm still clueless as to why you answered No to the first question. Some more info. During the unemployed period 8/30-10/15, I was in India from 8/23-9/19. So, it looks like I should be able to capture at least 20 days. I think you said No because of the assumption that I was in US, right?
As to question 2, I did not know it was possible to capture vacation time out of the country. Are you sure about this and aware of folks who got this done? I have been out of the country for at least 6 months total during the 6 years I was on H1. Thanks for your insight.
 
I have been out of the country for at least 6 months total during the 6 years I was on H1
Ans:

You could recapture 6 months period. Talk to your employer or lawyer, they will tell you how to recapture the days you were out US.
 
Attorney says no

I talked to an attorney on this site but she said vacation time cannot be counted. Only if there work an interruption of work and you were out of the country, we could recapture. I have talked to a couple of folks and they said it was possible. So, I am in a real quandary now. My company's attorney has not been successful in getting the recapture of vacation days ( as per her words) and so, I am trying to convince her that it is possible (which is proving to be a difficult task).

Please share any more info. Thanks for all the replies, ginnu and ashkar.
 
Hi,

Vacation time is next to impossible to recoup. I have an RFE in recapturing dates and I have been gathering all the evidences to prove that I was on a business trip. They specifically mention that vacation time is not eligible to recoup. .

Hope this helps...thanks
 
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