H1B Recapture

[alli]

I'm in my 6th year on H1B. PERM was filed on 05/07/13, hence expecting to hear back sometime in November. Please find below my case history:

First H1B - 10/01/07 - 09/08/10 ( 22 days short)
Second H1B - 09/19/10 - 09/08/13

I believe the visa should have been from 10/01/07 - 09/30/10 for a full 3-year period.

I'm planning to file for recapture of time spent outside of US on my visits to Canada which would give me about 10-12 days. Can I also claim "unused" H1B time for 22 days that USCIS short-changed me while issuing my initial visa and the subsequent renewal, see above.

Has anyone done this before, that is, claimed recapture for time that I was supposed to have been given in the first place?

Also, if I file for recapture sometime next week, how long does it take USCIS to make a decision on that? Can I stay in the US till a decision is made on my case beyond my 6th year H1B? I'm hoping to have PERM approved in the meantime.

Appreciate any inputs. Seniors please weigh in on this. TIA.

[Attorney_11]

An individual is entitled to six years in H1B status inside the United States. One can add together all time outside the United States and all time inside the United States in a different status (if after initially being admitted or changing status to H1B one changes status again) to find the time one can recapture. An H1B petition can be premium processed which can reduce the typical 3 to 6 month processing time.