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H1-B Validity Period, Do I need to file for recapture?

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  • H1-B Validity Period, Do I need to file for recapture?

    My H1-B was approved on September 30th 2009 but I didn't come to United States before February 28th, 2010 and never left the country since then.
    An extension was filed at the end of first approved period which is approved till September 30th, 2015. Do I need to file for recapture for the time that was passed before my entry date or I can stay here legally until February 28, 2016?

  • #2
    You cannot legally stay without a valid I-94. Your stay is legal only till the I-94 that is issued to you. If you want to stay beyond that period, then an extension need to be filed. If you haven't used all 6 years in your approved H1B CAP, then the time can be recaptured by providing proper documents like entry exit record, I-94 copies etc.
    Not a legal advice. Use of this information is strictly at your own risk.

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