Time Recapture

[sivakd]

From this forum I came across this link http://www.twmlaw.com/resources/nonimmigrant/buyingtime.html which provides a lot of information on time recapture. However, I have some additional questions.

My 6yr is ending in April. I already have a 7th yr extension till April of next yr. However, I am considering changing company and file under PERM. First, PERM itself will start towards end of March and by the time my application is filed, it might be well into April or May which will not provide me a 365 day window when I have to apply for my 8yr extension should there be delays in PERM approval or filing for concurrent filing (I can file in EB2 based on my education and job description). So, my question is, when I am going to reapply for the H1 transfer, can I ask the 7th yr extension to include the additional time I was not within the country during the last 6yrs of H1? Or can I just go with the current extension date as the end date for the H1 transfer but towards the end of the 7th yr ask for the time recapture extension for the first 6yrs?

 

[usamunda]

6 years of H1 expiring..Need your help please !!

Friends,

I wish to have your suggestions/opinions on the following points.

The validity of my current H1-B visa is till April 3rd, 2005 and I'll be completing my 6 years of stay in U.S. My I-94 is valid till Arpil 13th, 2005 and my wifes I-94 is valid till April 3rd, 2005.

During my tenure of H1-B visa, I had spent about 75 vacation days outside U.S in India on three different trips. I now wish to re-capture this time as these days are very critical for me for my pending LC petition case.

My question is:
1). Since the time limit is very short 75 days (less than 3 months), I wish to have your suggestions on this whether i will be able to get this extension.

2). If it is possible to capture this vacation time, what reason should I mention for my extension if the department enquires me on this. ??
Do I have to show this vacation time as a business trip or personal visit to meet my parents or I was undergoing medical treatment in India ?
Does the purpose of my trip really matters for getting the extension for these 75 days.

3). In case if I have to show that I have undergone some medical treatment in India..Is there any specific Doctor's cerificate or any other format I can use ? Friends anyone who had used this method ..could you please post the format .

4). My First Visit to India was as follows
Left U.S on June 5th, 2002.
Came back in U.S on July 7th, 2002.

Should I start counting the number of days from June 5th till July 6th ?
Total 32 days OR
Should I start counting the number of days from June 6th(the day I landed in India) till July 6th. Total 31days.

5). Since my I-94 is valid till April 13th, 2005, can I file for H1-B extension to recapture this time after my current H1-B expires(April 3rd, 2005). Somewhere on Arpil 8th, 2005. or I have to file before April 3rd itself.

I would appreciate your help, if you could guide me for my case here. Any help from your end would go a long way. I hope to hear from you soon.

Thanks a bunch.