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I'm in my 6th year on H1B. PERM was filed on 05/07/13, hence expecting to hear back sometime in November. Please find below my case history: First H1B - 10/01/07 - 09/08/10 ( 22 days short) Second H1B - 09/19/10 - 09/08/13 I believe the visa should have been from 10/01/07 - 09/30/10 for a full 3-year period. I'm planning to file for recapture of time spent outside of US on my visits to Canada which would give me about 10-12 days. Can I also claim "unused" H1B time for 22 days that USCIS short-changed me while issuing my initial visa and the subsequent renewal, see above. Has anyone done this before, that is, claimed recapture for time that I was supposed to have been given in the first place? Also, if I file for recapture sometime next week, how long does it take USCIS to make a decision on that? Can I stay in the US till a decision is made on my case beyond my 6th year H1B? I'm hoping to have PERM approved in the meantime. Appreciate any inputs. Seniors please weigh in on this. TIA.

T75, thank you for replying. I am trying to find an attorney who can address this. I was wondering if I can bring the child to the US in a dependent or visitor category after complying with the adoption process in India and getting legal custody / guardianship of the child. Can I then initiate the immigration process on the US side after the required 2 year child custody? Has anyone done this before? I want to know if this is even possible. Thanks.

Hi, My 6 years of H1b expires in August 2013. My company is filing for my GC and has already filed PERM last week, hence it is likely that I will be living in India for a year or so. I expect to be back and working in the US by Dec 2014 with approved PERM and I140. While I’m in India, assuming I can adopt a baby and get passport and other necessary documents for the adopted baby, can I apply for H1b dependent visa (H4) for the baby when we come back in Dec 2014? Since technically I will not be in status at that time and it will be a new H1B application next year, I presume the 2-year child custody requirement doesn’t apply here. Appreciate any helpful information in this regard. Thanks.

Hi, My 6 years of H1b expires in August 2013. My company is filing for my GC and has filed PERM last week, hence it is likely that I will be living in India for a year or so till my PERM and I140 gets approved. I expect to be back and working in the US by Dec 2014. While I’m in India, assuming I can adopt a baby and get passport and other necessary documents for the adopted baby, can I apply for H1b dependent visa (H4) for the baby when we come back in Dec 2014? Since technically I will not be in status then and it will be a new H1B application next year, I presume the 2-year child custody requirement doesn’t apply here. Any information in this regard would help me plan accordingly. Thanks.