H1B Extension based on recapture of time from India in 7th year

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Hi All,

Requesting some guidance on a somewhat tricky situation.

Background: My current I-94 expires on 04-Sep-2017 (7th year). I have a possible 35 days that can be added to this date by way of a potential recapture of time.

Current Situation: My employer has initiated the PERM process but will most definitely not obtain the approved I-140 in time to extend the H-1B & it would be less than 365 days since the time of filing so cannot use that option either.

Question: If I stay in the US till my I-94 expiry date and leave the country & the I-140 approval comes in later, can the 35 days spent outside the US be used in conjunction with the approved I-140 to request for an extension of the H-1B from India?


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