Recapture time thru multiple trips

R

rahul98

Registered Users (C)
Hello All,

I am in a complicated situation. My H1 is expiring in April' 05 (5 months from now). My company has started (it was'nt filing earlier) filing GCs now and wants to file the LC for me this month (Nov/Dec. 04). Since in order to get an H1B extension, the LC has to be filed 365 days before the H1 expires,
my company is planning to extend the H1 by sending me a few months to India.

Now I have few questions in this context:


Question# 1) Can I go back to India for a period of 8 months and come back and capture that time ? I am doubtful since my H1 will expire after April'05 in this case


Question #2) Can I recapture my vacation time that I have spent outside the US ?

Question #3) My company is willing to send me multiple(two) times. Can multiple visits to India be captured on the H1B ?

Question #4) When is the best time to recapture the time. Should I do it every time I am here ? Or should I do it at the end ? Again, if I do it at the end, then I will be out of my H1B.

Question #5) When should I capture the vacation time ? Before I leave for India ?


Your answers will be appreciated !

Thanks,
Rahul
 
First of all, using vacation time to extend H1 beyond 6 years is very tough to get. I read in H1 forum that many have done that but majority of the request gets -ve response back from USCIS. And if its less then six months, USCIS rejection rate is almost 100%.

One of my friend was out of USA for 9 months during his H1 status and he was able to get H1 extension for those 9 months.

If you are planning to stay out for 8 months, why not extend that for another four months and ask your employer to file H1 for 6 years?
 
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