H1B Recapture Time


ajrockx

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Hi,

 

I will be completing 6 years of my H1 in March 2014, since my LC (PERM) was filed in April 2013 my company has recommended me to take a month's leave so that they can recapture this time and apply for a 1 year extension on the basis that my PERM was files 365 days before. I have a few questions, can someone please answer them?

 

1. My wife is on H4 and is planning to stay behind in US since she's studying here while go for a month long vacation. Is this ok? Will her time in spent in US in my absense count towards my H1B time and not let me recapture the time?

 

2. I'm a little nervous about my Visa stamping and reentry into US? Will it be difficult with only over a month left for expiry?

 

3. Should I inform my interviewer at embassy about recapture? Or should I just mention that I was in India for a leave and plan to return and wrap up my stuff?

 

Please advise.

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Hi,

 

I will be completing 6 years of my H1 in March 2014, since my LC (PERM) was filed in April 2013 my company has recommended me to take a month's leave so that they can recapture this time and apply for a 1 year extension on the basis that my PERM was files 365 days before. I have a few questions, can someone please answer them?

 

1. My wife is on H4 and is planning to stay behind in US since she's studying here while go for a month long vacation. Is this ok? Will her time in spent in US in my absense count towards my H1B time and not let me recapture the time?

 

2. I'm a little nervous about my Visa stamping and reentry into US? Will it be difficult with only over a month left for expiry?

 

3. Should I inform my interviewer at embassy about recapture? Or should I just mention that I was in India for a leave and plan to return and wrap up my stuff?

 

Please advise.

1. She cannot stay on H4 when you leave US. She has to apply for COS to F1 to be on valid status in US.

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Thanks Jairichi, I'm only going on a vacation and would be returning to the same job. I was reading about it elsewhere that H4 can stay in the country for a few days if H1B has gone for vacation or stepped out for business, it shouldn't affect as long as H1B is not quitting or changing the current job or company.

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Thanks Jairichi, I'm only going on a vacation and would be returning to the same job. I was reading about it elsewhere that H4 can stay in the country for a few days if H1B has gone for vacation or stepped out for business, it shouldn't affect as long as H1B is not quitting or changing the current job or company.

A few days is different from a month that is mentioned in your first post. The moment you step outside US you are no longer on H1B status. Talk to a good immigration attorney.

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