Recapture - when does my 6 years period exactly start?

[raphael]

Hi,

I've read several threads about 'recapture' and I'm a bit confused as to how the 6 years H1B period should be evaluated. Here're some dates related to my situation :

- In October 2000, I visited the US to meet with a possible future employer. The meeting was successful and we decided to apply for a H1B visa.

- In January 2001, I went to the US again to visit family and my employer, and to look for appartments etc since I was expecting my H1B to be approved soon.

Both these trips were made under the visa waiver program (I'm a Belgian citizen) so no visas were used. I didn't work and I didn't overstay. Nothing fishy there.

- On April 19 2001, we received the I-797 document. Shortly after, I got my H1B visa stamped in Belgium, valid from May 17 2001 to November 1 2003.

- On May 19 2001, I reentered the US under my H1B, and I started working at the end of May.

- Before November 1 2003, I applied for a 3 years extension which was granted, so my H1B is now valid until November 1 2006.


What is the ACTUAL date at which my H1B clock started ticking? Since my two first trips weren't made under H1B, I assume that they don't count. So did my H1B actually start on May 17 or May 19? (Not that it makes a difference.)

Once November 2006 comes around, will I be eligible for a ~6 months extension? That's my understanding. So why does my visa expire in November? Why didn't they make it expire in May instead, since I obtained it in May initially?

Also, I made a few vacation trips to Europe which amount to roughly 30 days, but I'm not really concerned about these. I hear that, except in cases of dire emergency, it's not worth trying to recapture short vacations. Is that correct?

I'm asking this because I haven't filled for LC yet, and I fear that I won't be able to submit the application by November 2005. Therefore, there won't be 365 days between the application date and H1B expiration date, and I won't be eligible for 7th year extension. But if I can recapture 6 months, there shouldn't be any problem.

Am I missing anything there? Thanks much in advance.

 

[ginnu]

Hi,

I've read several threads about 'recapture' and I'm a bit confused as to how the 6 years H1B period should be evaluated. Here're some dates related to my situation :

- In October 2000, I visited the US to meet with a possible future employer. The meeting was successful and we decided to apply for a H1B visa.

- In January 2001, I went to the US again to visit family and my employer, and to look for appartments etc since I was expecting my H1B to be approved soon.

Both these trips were made under the visa waiver program (I'm a Belgian citizen) so no visas were used. I didn't work and I didn't overstay. Nothing fishy there.

- On April 19 2001, we received the I-797 document. Shortly after, I got my H1B visa stamped in Belgium, valid from May 17 2001 to November 1 2003.

- On May 19 2001, I reentered the US under my H1B, and I started working at the end of May.

- Before November 1 2003, I applied for a 3 years extension which was granted, so my H1B is now valid until November 1 2006.


What is the ACTUAL date at which my H1B clock started ticking? Since my two first trips weren't made under H1B, I assume that they don't count. So did my H1B actually start on May 17 or May 19? (Not that it makes a difference.)
---------------------- count 6 years from May 19 2001( that is your first entry to US on H1 status)
Once November 2006 comes around, will I be eligible for a ~6 months extension? That's my understanding. So why does my visa expire in November? Why didn't they make it expire in May instead, since I obtained it in May initially?

------------- employer /lawyer may have asked for that date or LCA may be valid till that date or the lawyer wrote that date on form I-129

Also, I made a few vacation trips to Europe which amount to roughly 30 days, but I'm not really concerned about these. I hear that, except in cases of dire emergency, it's not worth trying to recapture short vacations. Is that correct?

I'm asking this because I haven't filled for LC yet, and I fear that I won't be able to submit the application by November 2005. Therefore, there won't be 365 days between the application date and H1B expiration date, and I won't be eligible for 7th year extension.
----------------------- if your employer is going to file LC it has to be filed through PERM and if case is approvable then it may get approved in 60 days after filing and no 365 days pending now for LC. once LC gets approved your employer can file I-140 and you can file I-485, EAD AP( if PD for your country of birth is current)
But if I can recapture 6 months, there shouldn't be any problem.
----------- yes you can
Am I missing anything there? Thanks much in advance.

 

[raphael]

Thanks a lot for the answer, Ginnu. It's pretty comforting to know that, in fact, I have almost two years left on my H1B instead of only 15 months. I didn't understand this part of your reply, though :

"if your employer is going to file LC it has to be filed through PERM and if case is approvable then it may get approved in 60 days after filing and no 365 days pending now for LC. once LC gets approved your employer can file I-140 and you can file I-485, EAD AP( if PD for your country of birth is current)"

I always thought that, in order to file for a 7th year extension, one must have applied for LC or I-140 for at least 365 days before expiration of the 6 years period. Has this recently changed? Or is this rule void once the LC is approved?

Also, do I have to do anything now regarding my recapture/extension? Or should I just go ahead with the PERM process, and once November 2006 comes close, apply for a ~6 months extension?

Finally, you mentionned that my H1B may have been valid until November 2006 because the LCA expires at that point. Does that matter? I mean, if the LCA expires, does it mean that I cannot work anymore? I should have LC by then though, anyway.

Thanks again!