Hi All.
A question about recapturing time spent outside the US while on H1B status. My 6yr H1B limit ends 03/01/2004 and I do not have a LC or I-140 pending for more than 365 days, so cannot do 7th year extension. I made 5 visits to India on personal vacation while getting paid by my US employer (4, 2, 4, 3, 3 weeks respectively) during the last 5+ years on H1B.
a) Can these 16 weeks be added my H1B limit? I have seen conflicting information whether "vacation" time outside US can be recaptured or not. It is very clear, though, that extended stays (1 month or so) spent outside the US with no relation to the US sponsoring employer can be recaptured.
b) Is there a URL or a resource that indicates the intent and implementation of the law with respect to recapturing time outside US while on H1B? Is the implementation consistent across the various service centers?
c) If an H1B extension is filed to recapture these 16 weeks (say around Feb 2004) and it takes BCIS beyond 03/01/2004 to approve or reject, would I be considered "in status" from when my H1B limit is reached till the time BCIS rules on the petition? I assume the answer will not change irrespective of whether BCIS approves or rejects the addition of this time? Is this like an "adjustment of staus" also?
d) Will any GC applications (like I-140/I-485/EAD) filed during this "H1B extension" determination period be considered valid?
Thanks for any input!
A question about recapturing time spent outside the US while on H1B status. My 6yr H1B limit ends 03/01/2004 and I do not have a LC or I-140 pending for more than 365 days, so cannot do 7th year extension. I made 5 visits to India on personal vacation while getting paid by my US employer (4, 2, 4, 3, 3 weeks respectively) during the last 5+ years on H1B.
a) Can these 16 weeks be added my H1B limit? I have seen conflicting information whether "vacation" time outside US can be recaptured or not. It is very clear, though, that extended stays (1 month or so) spent outside the US with no relation to the US sponsoring employer can be recaptured.
b) Is there a URL or a resource that indicates the intent and implementation of the law with respect to recapturing time outside US while on H1B? Is the implementation consistent across the various service centers?
c) If an H1B extension is filed to recapture these 16 weeks (say around Feb 2004) and it takes BCIS beyond 03/01/2004 to approve or reject, would I be considered "in status" from when my H1B limit is reached till the time BCIS rules on the petition? I assume the answer will not change irrespective of whether BCIS approves or rejects the addition of this time? Is this like an "adjustment of staus" also?
d) Will any GC applications (like I-140/I-485/EAD) filed during this "H1B extension" determination period be considered valid?
Thanks for any input!