H1b recapture

[balaish]

I have utilized 5 and 1/2 years of my H1-B and resigned my Job on Oct 30, 2015.

Before I resigned applied for COS to F1 during Aug 2015, however my F1 got approved only on July 2016. 

 

1. I am on OPT currently and my PERM is approved, can I get my H1B back by using the recapture time outside the country?

2. Also if there is no recapture time, will I be cap-exempted?

[pontevecchio]

1. Possible. But approved PERM by itself has no meaning in terms of H1 extensions.

2. You said you had 6 months left over. If you get an approved I-140 you may be able to get H1 extensions.

[JoeF]

You can get the 1/2 year, and any time abroad between your first use of the H1 and the day you resigned. You can not recapture any time abroad after you resigned, because you did not come back in H1 status, but on F1.

 

 

[balaish]

14 hours ago, pontevecchio said:

1. Possible. But approved PERM by itself has no meaning in terms of H1 extensions.

2. You said you had 6 months left over. If you get an approved I-140 you may be able to get H1 extensions.

Thanks for the clarification!

2. True, after calculating all the recapture time I have 6 months lef. But since my F1 got approved on July 2016, not sure what my status would be from the resignation date till the date of F1 approval( i did not leave the country after resignation).

[balaish]

9 hours ago, JoeF said:

As said in my previous post, not sure what my status would be from the resignation date till the date of F1 approval. (Oct End 2015 to July 2016) i did not leave the country after resignation. Is that considered, I was on H1-B? 

If Yes, all my recapture time would be lost during that period. 

 

 

 

[JoeF]

You were not on H1 anymore, because you had resigned.

You were in "pending COS" status, i.e., legal while the COS was pending.

[balaish]

3 hours ago, JoeF said:

You were not on H1 anymore, because you had resigned.

You were in "pending COS" status, i.e., legal while the COS was pending.

Thank you for the response