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Recapture of time after 6 years of H1B

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  • Recapture of time after 6 years of H1B

    Hi Friends,
    i have a situation here, help will be greatly appreciated.
    i have applied for H1B in 2006 and it was stamped in May 2007, i arrived in US in Sept 2007, got my SSN in Oct 2007 since then i have been working and i was on vacation for almost 6 months since i have started working in US.
    My visa expires in Sept 2012, i know that i can recapture the 6 months of vacation time, can i also recapture the time that i was not even working before Sept 2007, which i almost for 1 year.

    For almost 2 months i was in US and i was not working due to some health reason(i was not paid by my employer so the paystub was not run), can i recapture that time while applying for Extension.

    please let me know

    Thanks
    Raj

  • #2
    i have applied for H1B in 2006 and it was stamped in May 2007, i arrived in US in Sept 2007, got my SSN in Oct 2007 since then i have been working and i was on vacation for almost 6 months since i have started working in US.
    My visa expires in Sept 2012, i know that i can recapture the 6 months of vacation time, can i also recapture the time that i was not even working before Sept 2007, which i almost for 1 year.
    >>> Only time spend in U.S in H1B + L1 status counts towards the 6 year CAP limit. Any time spend outside U.S can be recaptured.

    For almost 2 months i was in US and i was not working due to some health reason(i was not paid by my employer so the paystub was not run), can i recapture that time while applying for Extension.
    >>> You cannot. Did you change your status to a different one for those 2 months (Like H4, L2 etc if your spouse was in H1B or L1)? If not, irrespective of whether you worked or not, you were on H1B status and it will be counted. To be more clear, You are out of status during that time frame and out of status period cannot be recaptured.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Originally posted by shervin143 View Post
      i have applied for H1B in 2006 and it was stamped in May 2007, i arrived in US in Sept 2007, got my SSN in Oct 2007 since then i have been working and i was on vacation for almost 6 months since i have started working in US.
      My visa expires in Sept 2012, i know that i can recapture the 6 months of vacation time, can i also recapture the time that i was not even working before Sept 2007, which i almost for 1 year.
      >>> Only time spend in U.S in H1B + L1 status counts towards the 6 year CAP limit. Any time spend outside U.S can be recaptured.
      shervin143: quick clarification on your update: does it mean we can recapture the time spent outside US eventhough I worked during my vacation time? For ex: I go on 4 weeks vacation outside US, but I worked from there for 2 weeks, and got paid.

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