srivatslib Posted December 30, 2011 Report Share Posted December 30, 2011 Hi I'm on my 6th year of H1b valid until April 2012. Can I apply for recapture for a period of just 2 months (includes all periods of stay outside US). Also I'm awaiting my Labor certification approval.Unfortunately it wasn't filed before the start of my 6th year on H1b. My wife is on H1B. Can I transfer to H4 until I get my labor / 140 approval and then switch back to H1B ? Are there any other options if I don't get my labor approval before that time? Link to comment
Attorney_22 Posted December 30, 2011 Report Share Posted December 30, 2011 Generally, an individual is eligible to recapture any time abroad during their initial six years of H1B status. Therefore, you are eligible to recapture and extend your H1B status for the two months mentioned above. Additionally, as long as you are in valid status, you can file a change of status petition to H4 as the dependent of your wife’s H1B status until H1B status is again available to you. If you have additional questions regarding your particular circumstances please contact a qualified U.S. immigration attorney. Link to comment
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