recapturing absent days

[loveusa03]

If BCIS issues an RFE to prove the days that the applicant was out of the USA during last six years on H1 were business trips,
1. How can the applicant make it authentic? Departure and entry records and letters from the employers can come in my mind.
What would be the best?

2. -Let’s say after submitting all the evidences the 365 days requirement to apply for the 7th year extension is passed, can he not be eligible for 7th year extension anyway?

3. Does he still have to prove first that the recapturing days for which he was out were business related trips and which are needed to cover the 1 yr LC pending requirement before applying for the extension are met?

It's a conundrum that needs to be elaborated more clearly and your color on this will be appreciated.

thx

 

[jaxen]

1. Yes
2. Yes, but a separate and new application reqd for 7th yr extension
3. Hmm I take back yes of 2, Yes 1 year requirement need to be satisfied somehow (even by remaining outside US)

 

[loveusa03]

Thanks jaxen for your prompt and prudent answer. Well if the candiate has already received the RFE and his H1 has already expired, What are the options do you see? Does it make sense to go out of the USA now to cover that two months?

On the other hand, let's say had it not even expired, staying out side would not have been sufficient if it's not a busiiness related trip any way, right?

Thanks for your help.