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H1 B duration and transfer

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  • H1 B duration and transfer

    Hi

    I'm on my 6th year of H1b valid until April 2012. Can I apply for recapture for a period of just 2 months (includes all periods of stay outside US).
    Also I'm awaiting my Labor certification approval.Unfortunately it wasn't filed before the start of my 6th year on H1b. My wife is on H1B. Can I transfer to H4 until I get my labor / 140 approval and then switch back to H1B ? Are there any other options if I don't get my labor approval before that time?

  • #2
    Your employer can certainly file for recapturing. Changing to H4 and later back to H1 is also possible.
    This is my opinion and not legal advice.

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