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weird confusion about recapture

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  • weird confusion about recapture

    Is it true that if one spends more than a year outside US, and returns on a cap exempt H1, then that person is eligible for a fresh 6 year term on the H1B?
    To explain some detail, person held H1B from employer A and was in US for nearly 3 years. Then left US for more than 1 year. Employer B now applied cap exempt H1B and person returned to US after gap of nearly 16 months. So in this scenario, will this H1B yield a full 6 year term or will it only yield the recapture period of 3 years?

  • #2
    Originally posted by swati mp View Post
    Is it true that if one spends more than a year outside US, and returns on a cap exempt H1, then that person is eligible for a fresh 6 year term on the H1B?
    To explain some detail, person held H1B from employer A and was in US for nearly 3 years. Then left US for more than 1 year. Employer B now applied cap exempt H1B and person returned to US after gap of nearly 16 months. So in this scenario, will this H1B yield a full 6 year term or will it only yield the recapture period of 3 years?
    Only 3 Years.

    The rule implies that if the person files a new H1 as part of new cap AFTER completion of 1 Year outside US only then the new H1 would be eligible for 6 Years.

    Filing a cap exempt petition adds the previous utilized time in H1 status and one is allowed for 6 Minus time already spent in H1 status on that petition. Even if the person has been out of US for more than 1 Year.

    This is my opinion not legal advice.

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    • #3
      Thank you! I was aware of this but some ppl insisted otherwise and I got confused.

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