Hello,

Need your advice on my current situation. My labor was filed on 20th Sep 2011 (in my 6th year). I got a rejection in the month of June & my company filed a reconsideration request, which doesn't seem to have any ETA. My 6th year stamped visa was getting expired on 16th Aug 2012, so I had to leave the country. I left US for Canada on 14th Aug. I also visited India in the month of June for 15 days, which I have not captured yet.

Now I'm in Canada & my wife is in US on her H1 visa which is valid for atleast 2 years & will get further extended based on her approved i-140.

Questions:
1. Am I eligible to file for 1 yeah H1 extension based on "pending response on labor more than 365 days" condition?

2. Do I need to (or can I) mention this recapture period of 17 days or so anywhere?

3. In case I apply now for H4 visa based on my wife's H1, so that I go visit her when possible, will there be any issue filing for H1 extension?

Your help on above is highly appreciated.

Regards,
Amit