How recapture time is calculated


roboq2

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I am on 6th year of H-1B, status expires Sep 30 2016.

Initial labour application denied,second labour application filed on Feb 1st 2016 went in audit.

My company lawyer will file recapture time extension based on time I spent outside USA.

Can someone explain me how the recapture time is calculated? Is it working days or entire time that is calculated?and on which calculation it will be extended?

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My H1 petition issue date is 10/1/2011. My H1 visa issue date on passport is 11/1/2011 with expiration date as 6/30/2014. I travelled to US on 11/15/2011.

My H1 was extended by my employer and my second term started from 7/1/2014 till 3/5/2017.

On a H1 visa, I can stay for a max period of 6 years. When I include both terms of my visa, I have been granted visa for 5.3 years.

Question 1: Can I extend my visa for another 9 months + any time that I have spent outside of the United States?

Question 2: If I have to recapture my time, should I calculate my days outside of use using my petition approval date(1/10/2011) or visa issue date(1/11/2011)?

A quick response will be greatly appreciated.

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