H1b recapture time


Bhandarc

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Hello ,

 

I transferred my H1b from Company A to Company B on May 2010. The Company B applied transfer in non-premium processing, therefore I got the RFE on Sep 2010 and on Oct 30 2010 I got the denial. On Nov 11 2010 I left for India.

I was still working for Company B from May to Oct, since the H1b transfer was still going on and I have paystubs during that timeframe as well. 

 

My question is -

1. Can I use the time from May to Oct as recapture time since I was not actually on H1 during that period  (, or its the time effectively in US that is considered as the total time on H1b. ) ?

 

2. When transferring the H1b now, would I need the I-797 and paystubs from company A or Company B ?

 

Please advise. 

 

Thanks in advance.

  

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