Recapture Vacation = misleading information?

[gcintent]

The Yates memo both on May and September 2005 do not appear stating any statements related recapturing vacation days to extend H1B. Based on the postings I saw, i.e.gc_2006, his or her postings keep stating about recapturing vacation days that might extend H1B related to Yates' memo. Please quote from Yates' memos in which parts of the memo that can confirm the believe of recapturing vacation can be used to extend H1 for the 7th year. The proof has to be clear, in order not to mislead the posting readers who try to get information. Just referring to Yates' memo without stating which portion(s) cannot substiantiate the statement that recapturing vacation days is correct and reliable. I hope that the posting readers are wise enough to diggest any information posted.

 

[goodwill1244]

This is a long known fact that you can recapture your vacation time outside the US. And when you apply for extension beyond 6 year, the rule is that your green card process has to start before 365 days of your 6 yea visa expiration. Now, since you spent days outside the country from that quota of 6 years, so if those days push your expiration date till 365 days, you'll get the extension. [And by the way, Yeats memo is NOT law, it's just an interpretation of Mr Yeats. Different service centers interprete things differently for the same law.]

Read this :

"Practice Strategies

To avail oneself of the 365-days-pending rule enacted in AC21 §106 and amended in 2002, it may be necessary to go the recapture route. If by the end of six years of H-1B status a labor certification application has not been pending for 365 days, a petition should be filed to reclaim any H-1B days spent outside of the country during the petition validity, if, by doing so, you can recapture enough time to bridge the gap. "

Source : http://www.twmlaw.com/resources/nonimmigrant/buyingtime.html

 

[gc_2006]

I got my recapture even before the Yates memo existed....
However Yates clarifies recapture in connection with regular extensions and opens more opportunities to do a 7th year extension even before the 6th year end is near.

The Yates memo both on May and September 2005 do not appear stating any statements related recapturing vacation days to extend H1B. Based on the postings I saw, i.e.gc_2006, his or her postings keep stating about recapturing vacation days that might extend H1B related to Yates' memo. Please quote from Yates' memos in which parts of the memo that can confirm the believe of recapturing vacation can be used to extend H1 for the 7th year. The proof has to be clear, in order not to mislead the posting readers who try to get information. Just referring to Yates' memo without stating which portion(s) cannot substiantiate the statement that recapturing vacation days is correct and reliable. I hope that the posting readers are wise enough to diggest any information posted.

 

[grncrd]

recapture H1 days. How many days it will take for this process

thanks for info "goodwill.."

As per the information in newsletter "calh1l1stay.pdf ", we can recapture every single day outside US. Here is my question....
H1 is completing 6 years in June 2005.
I was outside US 6+ months during this period.
How soon should I apply for recapturing these days?
In other words, how long will it take for approval of recaptued days once applied? (this is not 7th year extension, just recapture H1 days)
Does anyone know !! Thanks to anyone who replies.

Refer: http://www.immigration.com/newsletter1/calh1l1stay.pdf
Friday, 4 November 2005, 5:24am GMT .

 

[support.gc]

Per my Knowledge:

- You can apply for extension 6 months before you current visa expires.
- You will get each and every night you spent outside of the country.
- Process of H-1 extension applications is pretty much same as if you are applying for a new H-1B application including the fees.