Recapture in 8th year with PERM withdrawn

[suvsach]

Please see the dates with details - 

First PERM Filed - Sept 4th 2012

Got 7th year extension based on PERM pending from - Nov 1st 2013 - Oct 31st 2014

First PERM denied after audit and supervised Recruitment - May 2014

After appealing first PERM decision, got 8th year extension - Nov 1st 2014 - Oct 31st 2015

Withdrew first PERM and filed second PERM in supervised recruitment - Jan 23rd 2015

 

There are no specific timelines for the PERM filed in supervised recruitment as of now and it could take multiple months.

 

In order to get me extension after Oct 31st 2015, second PERM has to be pending for more than 365 days. But that is not the case in my situation and I am short of 12 weeks for it.

 

I was planning to leave US for 12 weeks now and come back before Oct 31st 2015, assuming that this time spent outside could be recaptured to fill the gap from Nov 1st 2015 - Jan 23rd 2016 when I will be able to get next extension.

 

I understand that time spent outside can be recaptured during first  6 years of H1. I am not sure whether time spent outside the US now could be recaptured in my case, as I am in 8th year extension and the PERM on which basis I had got extension has been withdrawn already.