reply2abu Posted July 29, 2013 Report Share Posted July 29, 2013 Hi, I have a very typical H1B extension scenario, here it goes: I entered US first time on 05/20/2007, and could not work for month due to SSN was not issued. Finally I started working on 06/17/2007. In January 2011 I applied for a H1B extension, the attorney specifically asked me like, "when did I first started working?", and he recaptured the first one month in my extension and got me the extension till June/17/2013. He did not recapture any time I was out of country. In Feb 2011, I changed the employer and they transferred my H1B and got me a 2 years of visa till Jan/30/2013. These are the following events occurred in sequence 1. In November 2012, they applied for my PERM labor certification. 2. In January 2013, they applied for my extension. Between May/2007 and Jan/2013, I stayed almost 160 days outside of the country. While, applying for the extension, my employer recaptured 150 days of my out of country time, got my I-797 approval till Oct/20/2013. 3. We were all hoping that my PERM labor will get cleared, and will file an I-140 and apply for H1B extension for 3 years. But things went otherwise, I got a query on my application. Since my H1B is getting expire in Oct, we are planning to apply for another 1 year extension on my PERM. Like the attorney at my previous employer recaptured the first one month of my stay in US without work, could we also recapture that time now while applying for an extension? Thanks, Abu. Link to comment
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