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maychicago

Are multiple recapture extensions allowed?

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Hi,

 

My H1B was due to expire in Aug 2020 but I've received an extension using recapture days till Nov 2020. My labor market test failed and lawyers plan to restart that step and recruiting efforts 4-6 months from now.

 

1) In the interim, could I leave the US around July, get my H1B stamped with the new Nov expiry, return by end of September and apply for ANOTHER recapture extension to buy me a couple of more months, while the PERM process progresses?

 

2) My employers would be fine with me working from an offshore location in India in order to buy few more months of H1B. Are there any legal concerns or limits to how much time I can work outside the country while still on H1B status? Would Immigration be concerned with the 2-3 months of time spent outside at the point of re-entry into the US?

 

Thanks.

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1. You will need an I140 to file for an H1 extension. So take into account on how many date it might take for I140 to be approved too.

2. You are not on H1 when you are not in US. US will not care what you do when you are outside. If you are coming back POE might have to verify that the job still exists after taking a 2-3 months gap. 

Why don't you work till Nov and come back after you I140 is approved with a new H1 petiton. 

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