H1B recapture days


newbee007

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Dear Experts, imm lawyers

I am an Indian national,I am on my 6th yr of my H1B. My Perm was filed 330 days before my h1b expiry. Will it be possible to change my status to H4 for just the 35 days and change my status back to H1B after 35 days. If yes, Is there any drawback/risk in this or something to watch for? Please advice the list of steps in need to take for this option, Thank you so much

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  • 1 month later...

The requirement for H1 extension beyond 6 years is as follows:

 

- PERM Approved before 6 Years Expiry. (Eligible for 1 Year Extension)

- PERM Pending for at least 366 days. (Eligible for 1 Year Extension)

- I-140 Approved. (Eligible for 3 Years Extension)

 

In your case since #2 above holds good you should be good. Also you can apply for your H1B extension before the commencement of 366 Days Pending PERM but you will still get the start date of your H1B extension on the 367th Day of your PERM Pending day.

 

However the catch in your case would be to make sure you dont have both H1-H4 COS and H1 extension pending at the same time. In that case the USCIS Last action rule will supercede the prior decision. So you will need to discuss and plan the timing on both the COS and H1 Extension before you take the next steps with your attorney.

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