H1B Recapture - Time spent in Mexico (with US border crossing)

[pavan2738]

Hi-

I've been researching on the net but did not have much luck on this question yet. So I bet, your help is a great deed.

I live and work in San Diego with the option of working remotely. I'm an Indian working on H1B VISA. It has become critical for me to have more recapture time on my H1B at this time given the situation am in with my PERM application and the 365 day rule.

So, am planning to cross the US border and work from Mexico for a month. Will I be able to recapture this time on my H1B later on?

1. Last time I crossed border into Mexico (for a fresh I-94 as the previous expired), I did not receive any entry/exit stamp but just the new I-94. This time I have a valid I-94, so can I manage to get any entry stamp at all? I know it is not possible to get an exit stamp (because crossing from US to Mexico is uncontrolled and unattended).

2. Without entry/exit stamps, do I stand a good chance for H1B time recapture with just the hotel receipts etc that are based in Mexico?

(Below question is related but is a separate matter. Please answer if you have any insight into this)

3. Should the recapture happen before PERM application (so the PERM application date is 365 days prior to the H1 expiry at the time of application), or, can the recapture happen after PERM is applied to satisfy the 365 day rule (H1 6 year expiry is less than 365 days at the time of PERM application but would be greater than 365 days after recapturing H1B time) as I understand that recapture has to be applied for only in the last 6 months prior to the H1B expiry.

Appreciate your inputs and feedback in advance.

Thanks,

Gagan.