h1b-6 year complete- 1 year extension with new employer +recapture days


noob09090

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Hi,

I had gotten 1 year extension while my perm was pending for an year.However,my employer didn't use 4 months of my recapture days while filing 1 year extension..I was laid off before getting my i-140.now it's approved,but the company is not willing to file i-140. my new employer is agreeing to file 1 year extension based on the fact that my PERM was filed before entering the 6th year. I spent 4 months outside usa during my H1B 6 years tenure. I can request for 1 year extension + (4 months -recapture days) with the new employer right?

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