6yrs H1b completion, perm pending, extn pending

[don012001]

Need expert comments...on the below situation.... 

A. 6yrs of H1B is getting completed on..15th Apr 2014 

B. PERM getting filed in this month.... 

C. And employer is trying to recapture H4 time... towards the 6yrs H1B and filing the extension for 35 days in Apr 2014 (around 10th). 

Q1: But if H1B is filed in normal processing and lets us say it takes 3 months to process... Can the employee work until the Approval/Denial date? 

D. NOTE: Previously H4 time ( From H4B approval date (say 09/09/2009) to H1B approval date (say 11/09/2009) the days were recaptured towards the current H1B) 

E. Now attorney planning to recapture the days from H4B receipt Notice date (say 08/04/2009) to H4B approval valid from date (say 09/09/2009). 

F. Employee stopped working from (08/04/2009). 

Q2: ALSO is it possible to recapture the days from 08/04/2009 to 09/09/2009????

[pontevecchio]

It is possible to recapture the time when your H4 COS was on file and you also stopped working. The point is the PERM takes a few months and hence how does getting a couple of months help you? Hopefully you have discussed the possibilities with the Lawyer?

[don012001]

Thank you for the reply. Employer is fine recapturing even a single day. After h1b 6yrs expiry planning to go to H4.

 

Also can you please answer my Q1? Is it wise to stay inside country beyond the recapture days, knowingly....