H1B transfer. Time recapture.


immigqry

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Hi All,

I have question on "recapturing" period of stay outside US during H1B visa period, so that I can extend the H1B visa till I reach 6 years max. My H1B was approved with "Company A" on June 2009. So as per the approval notice I was authorized to work from Oct 2009. But due to certain reasons, I went to visa interview only on Dec 2009. And I travelled to US on April 2010 and working here in US till now, which is almost 4 years. During this time I been to India few times for a vacation and total period of stay outside US comes around 2 months, in last 4 year period. My visa expires on Sep 2015 (which is less than 6 years, I mean from Dec'09 to Sep'15). I didn't do GC with current company. Now I want to leave the "Company A" and join "Company B". I have following question.

Since I stayed in US for 4 years minus 2 months vacation period, which is 3 years 10 months. Can "Company B" file an extension for remaining 2 years 2 months (which will be the 6 years maxout period) since as per law I can stay max 6 years on an H1B.? I have all the proofs (flight ticket, passport stamping at the post of entry) of my vacation.

Thanks in Advance.

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As per my experience recapture is done in the final H1b. If you change your employer now, the expiry of your new H1b will still be Sept 2015. Sometime in next year's March- April you need to ask to your employer to extend your H1b for recapture "out of H1b" period. This will push your H1b expiry from Sept 2015 to Nov 2015.

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  • 3 weeks later...

I recently joined a new employer who filed H-1B in PP and I am in my 5th year of H-1B with original expiration of Jan 2016, but the attorneys filed for transfer along with recapture of H-1B time (time spend abroad and earlier in B2 status in the US) and got approved petition with new expiration of Sep 2016.

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