H1-B extension/recapture issue

[VSharma007]

Hello:

 

So here's my situation : My H-1B (2nd term) expires on Oct 1, 2013. The company didn't file for Green Card due to some internal politics. 

 

1. So what are my options? Can I legally stay beyond Oct 1, 2013 in the US? 

 

2. I also spent 10 months working on a project outside the US. Can I get all this time re-captured, i..e added to my current duration? Is this a straightforward process?

 

3. As far as the petition for re-capture is concerned, is it okay if my company does it by mid-September? In other words, can I still legally stay in the US beyond Oct 1, 2013 if my petition is under processing/review or will I need to leave the country?

 

Thanks so much.

 

Vishal 

 

[pontevecchio]

You can recapture time with proof. A pending non frivolous extension lets you stay till decision.

[omshiv]

Hello:

 

So here's my situation : My H-1B (2nd term) expires on Oct 1, 2013. The company didn't file for Green Card due to some internal politics. 

 

1. So what are my options? Can I legally stay beyond Oct 1, 2013 in the US? 

 

2. I also spent 10 months working on a project outside the US. Can I get all this time re-captured, i..e added to my current duration? Is this a straightforward process?

 

3. As far as the petition for re-capture is concerned, is it okay if my company does it by mid-September? In other words, can I still legally stay in the US beyond Oct 1, 2013 if my petition is under processing/review or will I need to leave the country?

 

Thanks so much.

 

Vishal 

 

 

1) No.

 

2) Yes, this can be recaptured. So H1 can be extended by your employer till Aug 14.

 

3) The earlier the better..and ofcourse you can stay when the extension is pending.

[permaudit]

1. Depends, only if you have an extension petition filed properly.

 

2. I guess it can be recaptured. I am not sure of the process though.

 

3. If your petition is filed properly before you H1 expires, then you can stay legally in the US. But, beware that the final outcome on the petition would impact on your status eventually. If it is approved you are good to go. If it is denied, then you would be considered out of status from the day your H1 expired.

 

I dont mean to be cynical, I was in the same situation so helping you understand it.

 

Desi employers would say that wouldn't matter and would go for H1 renewal the normal way which would eventually kill more time (H1 petition normal process would takes more than a month to get a decision) if the outcome of the petition is not favorable then you would be out of status. I'ld suggest to go for premium process.

 

 

 

[VSharma007]

Thanks so much for a prompt reply. You mentioned :

 

Yes, this can be recaptured. So H1 can be extended by your employer till Aug 14.

 

Why did you mention Aug 14 as a specific date? Does this mean I only have less than a week to do the recapture petition? Or can it be done later than Aug 14 too?

 

Thanks again.

[omshiv]

Sorry it's Sep 2013 + 10 month = Aug 2014

[VSharma007]

1. Depends, only if you have an extension petition filed properly.

 

2. I guess it can be recaptured. I am not sure of the process though.

 

3. If your petition is filed properly before you H1 expires, then you can stay legally in the US. But, beware that the final outcome on the petition would impact on your status eventually. If it is approved you are good to go. If it is denied, then you would be considered out of status from the day your H1 expired.

 

I dont mean to be cynical, I was in the same situation so helping you understand it.

 

Desi employers would say that wouldn't matter and would go for H1 renewal the normal way which would eventually kill more time (H1 petition normal process would takes more than a month to get a decision) if the outcome of the petition is not favorable then you would be out of status. I'ld suggest to go for premium process.

Thanks so much. How much time on average does premium processing take?

[omshiv]

Thanks so much. How much time on average does premium processing take?

15 days