Recapture during recapture period

[ScoobyDoo]

Hi,

I'm trying to figure out if we can recapture the recapture period.

Meaning If my original H1-B 6 years complete on 12/31/15 and I have 180 days of recapture. This makes my H1-B max out date as 06/30/16 (approx). If I travel outside of US between 12/31/15 and 06/30/16 (during 6 months of recapture) for 40 days, can I claim them back and account for them while using the 365 days rule of PERM application to get the one year H1-B extension.

I'm asking this because my friend's lawyer told them they can not and my lawyer has said yes you can recapture all the time spent outside the US before your max out date, irrespective whether it is during the original 6 years or the recapture period.

Thanks.

[shervin143]

Yes, you can recapture all the time spend outside U.S in your 6 year H1B CAP period. You will need to provide proper documentation, like copies of your I-94 cards, entry exit records in the passport, copies of flight tickets, travel itinerary etc. A good immigration lawyer will be able document them properly and will be able to recapture the unused period to get an extension.

[ScoobyDoo]

Shervin, thanks for your prompt response.