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Recapture H1B multiple times

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  • Recapture H1B multiple times

    My H1B is valid until March 2015 (The days spent outside have already been recaptured which is included in this). My PERM was applied in July 2014. So, my company advised me to do the following:

    [1] Go out of the US immediately.
    [2] Get the H1B stamped till March 2015.
    [3] Stay outside till the end of 2014.
    [4] Apply for H1B recapture second time.
    [5] Go out of US again.
    [6] Get H1B stamped again with the new I797.
    [7] Come back with new H1B and apply for recapture again. This will put the H1B date valid from 1 year of PERM filing.

    Is this going to be a challenge ?

    Would I see issues with VISA stampings where the VO can reject the visa ?

    Would there be issues with the recapture filing ?

    Has anyone done it this way by recapturing multiple times ?

  • #2
    Originally posted by temp_h1b View Post
    My H1B is valid until March 2015 (The days spent outside have already been recaptured which is included in this). My PERM was applied in July 2014. So, my company advised me to do the following:

    [1] Go out of the US immediately.
    [2] Get the H1B stamped till March 2015.
    [3] Stay outside till the end of 2014.
    [4] Apply for H1B recapture second time.
    [5] Go out of US again.
    [6] Get H1B stamped again with the new I797.
    [7] Come back with new H1B and apply for recapture again. This will put the H1B date valid from 1 year of PERM filing.

    Is this going to be a challenge ?

    Would I see issues with VISA stampings where the VO can reject the visa ?

    Would there be issues with the recapture filing ?

    Has anyone done it this way by recapturing multiple times ?
    Your case does not seem straightforward enough, it would need proper legal guidance and care. Suggest you also talk to an independent attorney of your own.

    his is my opinion not legal advice.

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