Travelling and visa stamping during recapture time of H1

[divinelight]

Hello,

 

6 years of my H1B visa expired on Mar 31, 2014 and now I am on recapture time till Sept 4, 2014. 

My company is going to file for PERM by April 23, 2014. 

My lawyers at work suggested that i should go out of the US before Sept 4 to get more recapture time on my H1 and I am planning my travel to India for two months -from July beginning to Aug end.

 

In the meanwhile, my husband has a valid H1 and we are waiting for his GC's priority date to become current.

 

My questions to you:

 

1. Is it safe to get H1 stamped in India while I am on recapture time? Is there a possibility that they may create issues in stamping my H1?

2. For the two months that I plan to be in India during the recapture time, can I get those days back on H1 again?

3. If answer to above is yes, since my recapture time is expiring on Sept 4th and I plan to travel in August, latest by when should I come back to the US so my employer can file for recapture time again?

 

Thank you for your reply.

Divya

[jairichi]

Hello,

 

6 years of my H1B visa expired on Mar 31, 2014 and now I am on recapture time till Sept 4, 2014. 

My company is going to file for PERM by April 23, 2014. 

My lawyers at work suggested that i should go out of the US before Sept 4 to get more recapture time on my H1 and I am planning my travel to India for two months -from July beginning to Aug end.

 

In the meanwhile, my husband has a valid H1 and we are waiting for his GC's priority date to become current.

 

My questions to you:

 

1. Is it safe to get H1 stamped in India while I am on recapture time? Is there a possibility that they may create issues in stamping my H1?

2. For the two months that I plan to be in India during the recapture time, can I get those days back on H1 again?

3. If answer to above is yes, since my recapture time is expiring on Sept 4th and I plan to travel in August, latest by when should I come back to the US so my employer can file for recapture time again?

 

Thank you for your reply.

Divya

1. Safety is based on documents.

2. Yes.

3. Only if your PERM or I-140 is pending for more than 365 days or I-140 is approved. Did you tell your employer's attorney that your spouse is on H1B status as you can move to H4 status, stay in US and still recapture those days?