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Hi -
I had a question regarding recapture of unused H1B time.
I worked for employer A for 4.5 years out of my 6 hr H1-B, each year taking a 2 week vacation. in 2008 At the 4.5 year mark, I got layed-off and had to leave the country. I spent about 3 months in the move. I was effectively out-of-status during this period but couldn't help it as I had to sell my home etc.
I am back in the U.S on a H4 visa but plan to take up a new H1B job for which I have an offer. I understand that unused time spent outside US is used to recoup H1B time and INS goes by documented evidence presented by petitioner about time spent outside USA.
So when recouping H1-B time, does INS also take into account out-of-status time ? So, to simpfly - can someone tell which scenario below is likely in my case ?
Scenario 1: INS gives me 1.5 years remaining + (2 weeks * 4 years) = 1.5 years + 8 weeks recouped.
Scenario 2: INS gives me 1.5 years remaining + (2 weeks * 4 years) - (Time spent out-of-status just before leaving USA) = 1.5 years + 8 weeks - 3 months
The answer to this question has a lot of implications in my current employment situation. So I hope someone who is familiar with this can respond back.
I had a question regarding recapture of unused H1B time.
I worked for employer A for 4.5 years out of my 6 hr H1-B, each year taking a 2 week vacation. in 2008 At the 4.5 year mark, I got layed-off and had to leave the country. I spent about 3 months in the move. I was effectively out-of-status during this period but couldn't help it as I had to sell my home etc.
I am back in the U.S on a H4 visa but plan to take up a new H1B job for which I have an offer. I understand that unused time spent outside US is used to recoup H1B time and INS goes by documented evidence presented by petitioner about time spent outside USA.
So when recouping H1-B time, does INS also take into account out-of-status time ? So, to simpfly - can someone tell which scenario below is likely in my case ?
Scenario 1: INS gives me 1.5 years remaining + (2 weeks * 4 years) = 1.5 years + 8 weeks recouped.
Scenario 2: INS gives me 1.5 years remaining + (2 weeks * 4 years) - (Time spent out-of-status just before leaving USA) = 1.5 years + 8 weeks - 3 months
The answer to this question has a lot of implications in my current employment situation. So I hope someone who is familiar with this can respond back.
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