H1b recapture time. You are using the remainder left on that six years. My question is - by staying in India from Jun 2011 tl Recapturing time — Any time spent physically abroad for vacation or business, during the validity period of an H-1B can be recaptured and added back towards the six-year period. does not count against the maximum and can be added and requested as an extension of H-1B or L-1 status. The reality is that the process of getting an I-140 approved can take time, especially considering the per-country visa caps and Feb 14, 2020 · So you will have 5. my drivers license expired on 3/29/24 and i requested DL extension with DPS in texas and they submitted a SAVE request with USCIS and no response yet. Often such recapture is the only Dec 26, 2018 · No, the 240 day rule does not apply to H1B Transfers. I have 4 years left on H1. Kumar spent enough time abroad, he could qualify for an extension of his H1B on that basis. Depends on your skillset and company requirements. There is no time limit to recapture unused time of your H1. Website. 05110363. First, you can file an extension and request the 2. 2) what is the time limit to recapture the pending H1B. Mar 9, 2020 · Hi Anil, I had filed for H1B extension in February 2020 to recapture vacation days and I got the extension till May 2020. Jan 17, 2017 · Can only seek to recapture time during the maximum 6 years allowable for H-1B status. Aug 26, 2019 · Yes, it will be cap exempt. The rule to recapture unused H1B time of 6 years was updated in 2017 to provide more clarity and it says that “there is no time limitation on recapturing the remainder of the initial 6-year period of H-1B admission under INA 214(g)(4). in L-1 status also counts towards the six-year maximum. Download this Document. A H4 application is taking several months. Dec 21, 2023 · Corporate services. At the end of 3 years, they will be able to request extension for 6 months (time left between Oct 20-whenever you come back to the US on h1b). Recapturing Time: If you have traveled abroad while on H-1B status, you can “recapture” that time. Any party can pay the base filing fee of $325, or the premium processing fee (if applicable), but the other additional USCIS filing fees should be paid by employer check. For example, if the employee spent two months every summer outside of the U. Additionally, it's essential to ensure compliance with all immigration regulations and guidelines when considering H1B recapture during the 7th year extension. 3. Visa Stamp: A physical stamp or mark placed in a passport by a consular officer allowing entry into a country. 2. Apr 10, 2024 · The H1 in the US in their first year of H1B right now. You should speak with an experienced immigration attorney for guidance on this. H4 Visa stamped in passport valid till Sep 2018. I. You get 6 years of actual work time (counted by 6 * 365 days) for each lottery win. ”. during the time I was with my employer and thus they are not reusing the time which I spent in India when I quit the job. The worksheet will make extensions beyond six years less cumbersome, and help ensure all available H-1B time can be requested from USCIS; Termination of H1B employment by your employer/Resignation of H1B employment by employee Dec 24, 2019 · Recapture Time. Posted on Mar 27, 2019. Citizenship and Immigration Services (USCIS) permits a person in H1B or L-1 status to recapture time spent outside the United States during the course of stay. 3) worked in USA with employer B for 1. 1. five and half years. The burden of proving your time abroad is on you, and you must submit independent documentary evidence that you were in fact physically outside of the United States for the time you are seeking to recapture. during that time when your employer files an H-1B petition or H-1B petition extension for you. We only allow inquiries for cases that are well outside the processing time listed above. The article you are sharing can be a great support for H1b applicants in the future. Apr 10, 2024 · Recapture Time. Overview. along with proof of time spent outside the U. Time may be “recaptured” by filing an extension on the H-1B based on the amount of time spent outside the U. 5-6. The H1-B extension processing time is three to 12 months for regular applications and one to 15 days for premium processing. “Recapturing” that time spent abroad is one way to be granted an H-1B visa extension. Jun 11, 2012 · 1) Can I recapture my H1B time and work with a different employer or do I have to get H1B through the same employer. Alternatively, the 60-grace period provides time for the worker to request a change of status, which may allow the worker to continue their job search from within the United States, even if the grace period and the worker’s current Oct 5, 2022 · The more documentation you can present, the better chance you have of having your H1B recapture approved. H1B recapture options. 2 million people in 2020, and so the need for an extension is especially relevant today more than ever, particularly for Indian nationals and others who face seriously long processing times. H1B Visa Processing Time . I emailed them this yesterday and their response was they can recapture time outside US during H1B validity i. Reply. Feb 19, 2024 · However, the recapture process typically involves filing a new H1B petition with USCIS, accompanied by evidence supporting the request to recapture the unused time. Titles doesn't matter. H-1B REQUEST TO RECAPTURE TIME. To qualify for a one-year extension of H-1B status, you will need to submit proof that you filed a PERM application (labor certification application LCA) 365 days before 9. Yes you can. e. Mar 1, 2024 · H1B recapture means filing an H1B extension to push your 6-year end date forward by utilizing your holidays spent outside the US. If you stay out of the US for 1 full year, your H1b time will reset to 6 years. If your petition to recapture time spent abroad is approved, your L-2 dependents are also eligible to recapture any time that you did. I am trying to recapture H1B time and I understand it's not a straightforward process. H1B Transfer with i140. Since you used up 2 years from Oct 2018 - Oct 2020, you will have 4 years remaining for which you do not need to enter the lottery. It is only applicable to H1B extensions filed with same employer. Our highly qualified team of immigration and corporate attorneys provide support that allows companies to focus on their long-term goals while ensuring that their legal matters in the United States are handled efficiently. over the course of the H-1B employment, Dartmouth may be able to "recapture" this time by applying for an extension at the end of the six-year total. does not count against the six-year maximum and can be added to the validity of the H-1B petition in a process referred to as “recapture. counts towards these maximum periods of stay. Upon return from travel, document your time abroad on the Recapture Worksheet. You can study Masters’s on an H1-B visa while working full-time in the USA. in H-1B or L-1 status. 43 reviews. The six-year limit for H1B status is only counted against time spent in the United States. In limited circumstances, H1B visa status can be extended beyond 6 years if: FAQ Transcript. There is no 6 year period limit. This H1B status is renewable every three years after the United States Citizenship and Immigration Services ( USCIS) approved it. May go to Sweden to work for 1. Not an easy task to accomplish as my last employer was supposed to file GC after H1 renewal but alas decided to wipe off the whole department. c) Traveled back to USA on H4 visa in Feb 2016. Most likely, yes. I have emailed them again a detailed response hoping that clears it. S can be recaptured. Hello, My H1B maxout is 08/31/14 with PD 4/25/14. Feb 24, 2016 · The law limits the amount of time an individual is permitted to remain in the United States in H1B or L-1 status. Has anyone had experience recapturing the time lost because USCIS had unlawfully denied H1b status? May 20, 2023 · Employees must provide independent documentary evidence of departures from and reentry to the United States to request recapture of unused H-1B or L-1 time. The H-1B, L-1A, and L-1B Jan 21, 2024 · Recapture Time: If you have spent time outside the U. Feb 26, 2010 · H1B recapture from H4pending time Dear goodluck123, My wife is also in the same situation as you were in 2010. It makes sense that they won't issue a new I-797 to a person who is not in the US as they don't know when can the person return to the States. Naturally, the initial 3 years of my H1-B visa is expired, but am I apply to apply for a recapture of time spent outside the country and reinstate my H1-B visa for the 2 years that it was not utilized (assuming I find a new employer)? May 1, 2024 · The petitioner may request to withdraw a Form I-140 at any time. The H1B was valid till sep 2017 so my Mar 13, 2022 · Copies of the I-94 if the applicant wants to “recapture” time spent with an H1-B visa while abroad. I just changed employers and reclaimed around 8 months on my h1b visa. May 17, 2012 · 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. 4. The H1 must have H1B remainder time to file a beyond the 6th year H1B extension. This means that this time can be “recaptured” and added back to the beneficiary’s total maximum period of stay, as long as Mar 25, 2024 · Keep in mind that the recaptured time must be clearly documented and meet the requirements set forth by USCIS to be counted towards your H1B visa extension. may be “recaptured. during the six years of the H1B status may be recaptured to make up the full six years. in H-1B status. There are many circumstances in which a foreign worker needs to extend his or her H-1B petition past the sixth year validity. Learn more about the Case Inquiry Date. ” Apr 1, 2024 · The maximum 60-day grace period provides time for a nonimmigrant worker to retain their nonimmigrant status. is an Immigration Law Firm Located in Brooklyn,NY. 5 months until end of feb and it changed to 2 months in the first week of march and its been showing this ever since. If you are nearing your H-1B 6 th year limit, and H-1B REQUEST TO RECAPTURE TIME As a general principle, days spent outside of the United States during the validity period of an H-1B petition will not be counted toward the 6-year maximum period of stay in the United States in H-1B status. ” Only the time that you spend physically in the U. Someone who has been in H-1B status for the maximum of 6 years is generally not eligible for more time in H-1B status until he or she "has resided and been physically present outside the United States, except for brief trips for business or pleasure, for the immediate prior year," at which point the 6-year May 19, 2023 · Hello, Please advice on my scenario regarding H1B. Restarting the H-1B 6-year clock. The "same" or other employer now wishing to file an H-1B petition on your behalf come April 1st will need to submit a "cap subject" petition and hope that petition is ultimately selected in the upcoming "lottery" for H-1Bs and subsequently approved. Time spent working for an employer while waiting for an decision on H-1B extension filing if continued employment cannot be recaptured. This means that you must have been selected in the H1B lottery and had your H1B visa approved in the past. You can file an H1B transfer while your i140 is pending approval. When foreign workers obtain an H-1B visa, they may hold the H-1B visa status for six years. More FAQs on H1-B Visa Extension H-1B Extension Processing Time. Alright, I am keen to explore more options in software engineering than development. You can request i140 information directly from USCIS if your employer is not sharing it. A few commenters urged DHS to clarify that there is no “statute of limitations” on recapture. This means that the time you spend outside the U. 5 years and then come back to the us on F1 to get a US masters (MBA) and later have a H1B employer recapture the remining time of their H1B without going into the lottery. The recruiter asked me this question. Employer can pay tutition fees. Did USCIS let you recapture your H1B from June to December 2007 (pending H1B)? Clearly you were not employed and were not getting paid during that time so technically H1b recapture should be allowed for that time. Some of these commenters noted that nothing in INA 214(g)(7) restricts USCIS from granting unused H-1B time when a recapture request is made more than 6 years after the initial grant of the H-1B petition. 3-year extension Based on Approved I-140 petition under AC-21 106(c) – Per DHS final rule, taking effect on January 17, 2017 Is extending an H-1B visa beyond six years possible if there’s no recapture time? Yes! /Employment-based green card backlog hit an all-time high of 1. The foreign professional may request an H-1B extension if he/she traveled outside the United States during the validity of the visa. Taylor and Associates Law P. while on H-1B or L-1A/L-1B status can be then recaptured. I get interview calls but the whole deal collapses at that particular immigration moment in the first round itself. #1 I-140 Pending. She went to India for 3 months only and came back in 2017 on H4 Visa and is in USA till date. You can file cap exempt even after 6 years, however you calculate. If you meet this requirement, you may be able to recapture any unused time on your H1B visa after your studies are Jan 11, 2012 · There is no "recapturing" to discuss. You can also do a Ph. The 2017 final rule provides H1 remainder time may be used anytime. The H4 effective date may or may not be 1 Sept 2021. Any time spend outside U. Aug 20, 2021 · Website. Eligibility for recapture will be reviewed on a case-by-case basis. 10 year Top Contributor. If you would like assistance with Recapture Time for H-1B/L-1 Nonimmigrant Workers, or any immigration matter, please contact us. entry and return dates, I-94 copies, and related stamps. As a general principle, days spent outside the U. for one full uninterrupted year in order to “reset” the 6 year clock. This means you can file for an extension to add the time you spent outside the U. I was granted a visa in November 2017 and work for a year (November 2018) before changing jobs (new employer) in a different country. Because the worker in the above example can "recapture" the lost three months of H-1B time from 2016, it's possible to extend the H-1B visa a third time—from October 1, 2024 through December 29, 2024. I stayed for approx 3 years and 2 months on L1B. Now when they file my 7th year extension based on my I140 will they need to file for LCA again or can they use the same LCA again, since there is no change in employment, LCA anything with me. Regarding 'H1B remainder option', what is the time limit (in years) where one can remain outside the US and still recapture their H1B remaining years? I am currently in India and have been here for two years now. This concept is critically important because immigration law allows H-1B workers to "recapture" any lost time so as to take advantage of the full six-year maximum. Sep 14, 2018 · The H1B extension petition can be filed by the employer no more than 6 months prior to I-94 expiration, and you cannot remain longer than the requested recapture time if the USCIS has not made a decision on pending H1B extension and you are at the point of reaching the 6 year clock in H1B status physically present in the U. h-1b是一种非移民工作签证，它允许美国雇主在短缺的专业领域，临时聘用外籍专业技术人员，为美国的经济作出宝贵贡献。h1b工作签证是专门为在美国工作的专业技术人员设计。在h-1b申请过程中，僱主为申请人，外籍员工为受益人。 The normal maximum amount of time a foreign national can remain in the U. Additional Requirements: Be aware of any additional steps or documents required specifically for your job position or changes in immigration regulations. May 8, 2017 · Option 2: Recapture of H1B Time. You have to apply for your H1B extension for the next 3 years, once that is done, you can file another extension for 16 months of recapture time. There is no other way to extend this H-1B. H-1B Recapture Time. During the period between the denial and approval, I stayed in the US, and was not allowed to work and had no income. I went back to India in June 2011. The American Competitiveness in the Twenty-First Century Act or “ AC21 ” allows a foreign national to obtain an extension of H-1B status beyond the 6-year maximum May 3, 2022 · USA H1B. I travelled back to US on Oct 2012. D. Many routine factors impact how quickly a case is processed. Thank you for filing the lawsuit and sharing your experience. The 6 year clock for H1B is for time spent in H1B status physically in the U. This checklist is designed to be comprehensive, but individual circumstances may vary. Mar 7, 2019 · My wife came on H1B in OCT 2013 and worked till Nov 2016 on H1B. There's no process to apply for the recapture. Posted on Aug 20, 2021. Scenario : 1) H1b approved in 2014 lottery through Employer A while working in india for Employer B. You should have your ETA 9089 (PERM labor certification) pending for over a year, or have an approved I-140. Any period exceeding 24 hours spent outside US borders while holding H-1B visa status is not included in the 6-year limit. Mar 2, 2023 · Current rule to Recapture H1B Unused time. If your petition to recapture time spent abroad is approved, your H1B dependents are also eligible to recapture any time that you did. Can I use my recapture the remining time on my H1B without going into the lottery after my Oct 15, 2013 · Hi - I initally came to US on L1B visa. Even during those 5 years, I was in India for 9 months. However, the U. Yes, they can as it will be a new H1B application and considered as transfer or extension. back onto your H-1B Feb 13, 2024 · “Recapture” Time H1B visa holders who have ever traveled outside the US with a valid H1B visa can re-capture the time spent abroad through H1B extension, which means they might be granted an extra duration of stay equal to the days they are absent from the country. But I am having a difficult time in dealing with US recruiters as they do not know what is H1B recapture. initiatlly the vermont processing time showed 4. its been more than 5 months. 5 years and then come back to the us on F1 to get my masters (MBA). Overview The H-1B, L-1A, and L-1B classifications have six-year, seven-year, and five-year maximum periods of stay in the United States, respectively. More details. Time spent outside of the U. What is the Time Limit for Filing Form I-129 to recapture H1B time? Under current USCIS regulations, there is no time limit for filing Form I-129 to recapture unused H1B time. An H-1B visa is usually valid for six years: three years initially plus a potential three-year extension. in H1B visa status is six years. And if I wait for covid travel bans to lift up or embassy to open, it would months and maybe more than a year for them to clear up the backlog. 2) Employer B offered new position in US and applied for H1B transfer in March 2015 and approved after one RFE. Specialities include: Immigration Law, Citizenship, Visa, Green Card, Passport, Deportation, Work Visas Apr 26, 2012 · H1B : General ; H1B time recapture? H1B time recapture? By hary536, April 26, 2012 in H1B : General. during the validity period of an H -1B petition will not be counted toward the 6-year maximum period of stay in the U. As I won’t be getting an H1b extension before the max out date ( May 14, 2022) thinking to file for a Change of Status from H1 to H4 based on my wife’s H1B and staying in the US and wait for the “Recapture” Time; Many H-1B holders decide to travel internationally for extended periods of time. >>> Only time spend in U. The general rule on recapturing time for H-1B is that the time has to be spent abroad in order to be recaptured. while holding H-1B status by including evidence of your absence from the U. Since you were out of the US for at least one year, your H1B visa would be a new one. Thank you for your response. In the example, if Mr. Hypothetically, if I Let's say that the Russian H-1B worker extended the H-1B status from October 1, 2021 through September 30, 2024. This is known as “recapture. Time spent outside the US can be recaptured and may extend the maxout date. During this time my company filed for LCA and I checked its valid till 2022. For Spouses An H-1B visa is a nonimmigrant visa that temporarily allows a foreign national to work in the U. ago. While pending the H1B is being used. I am on my first year of H1B right now. => You can recapture your 9 months or so, but to get the next 6 years quota you would have to leave US for 1 year. Posted on Feb 24, 2021. RECAPTURE OF H-1B TIME Comment. . Note that in this case, you need to leave the country and then return to recapture time on H-1B status, but this combination extension may not be for more than three years. However, it would be wise to double check with your attorneys to make certain there is not any exception for the F-1 time. The H-1B maxout date is the last day you are authorized to work in the United States on an H-1B visa. Jun 21, 2023 · An H1B extension may be filed to recapture H1B time. Read H1B Recapture Time 6 years. The amount of time it takes between an H1B filing and the receipt of an approval, depends on a wide range of factors. L time counts against H1 time. I used only 5 years out of 6 years of H1B time. 5 year (June 2015 to Dec 2016) Mar 29, 2023 · To recapture unused H1B time after being on F1 status, you must first have been previously counted against the H1B cap. This is a great way to allow you to “extend” your H-1B or L-1A/L-1B status in case you have been travelling while holding the relevant Dec 22, 2023 · Initial Calculation: The six-year cap includes all the time you are in the United States under H-1B status, not the time you spend outside. is required. Now my H-1B is nearing the end of the 6th year limit. When a beneficiary Jan 14, 2024 · Recapture: The ability to regain or “recapture” time spent outside the United States, allowing H1B visa holders to extend their H1B status beyond the usual six-year limit. I have a job offer from Europe (Sweden) which I am considering taking. Mar 25, 2019 · Tripti Sharad Sharma. Only time in H-1B status in the US counts against your 6-year maximum. S in H1B + L1 status counts towards the 6 year CAP limit. hary536. Many people study MBA or MS part-time after office hours in the evening to add value to their job profile. To determine if your unused H1B time can be recaptured, you should consult with an immigration attorney who can review your specific situation and advise you on the best course of Any time spent outside of the U. Start new topic; Recommended Posts. • 3 yr. These factors include: - whether premium processing was elected, - which type of H1B visa you are requesting (cap-exempt, advanced degree, regular), - which USCIS Service Center you use, my h1b extension was filed on 10/31/2023. Cite as AILA Doc. This is referred to as "recapture". For example, an H-1B visa holder who has been on H-1B status for 6 years but has left the country for two months each summer for six summers can “recapture” a total of 12 months and extend the H-1B for a seventh year. 5 years remaining. My PERM was filed on Nov 10, 2021. 5 yrs remaining on H1B and would like to recapture it. Has anyone had experience recapturing the time lost because USCIS had unlawfully denied H1b status? Oct 8, 2023 · Additionally, I can request the remaining time in my 6-year limit, including recapture time, when applying for a 1-year AC21 extension. Aug 11, 2017 · I need to confirm if I can use my previous H1B petition under cap exempt as it was used for 1. Today's Posts; Forum; Visas - USA; H Visa (H1, H4, H2, H3) If this is your first visit, be sure to check out the FAQ by clicking the link above. A person in H status may continue to work after 1st Sept 2021 on H1B until H4 approved. Contact us today on (888) 912-5152 for all your Immigration needs. 3) Read in few forums that it should be done before Oct Mar 30, 2024 · Recapture Time: If applicable, include documents for recapture time due to travel outside the U. C. No. Dec 11, 2013 · The entire H1B petition including I-129 and supplements, LCA, employer support letter, etc. Oct 6, 2009 · As a result, time spent outside of the U. Planning Ahead for I-140 Approval. I have approx. Award. You just file an extension, request the additional time, and provide evidence to back it up. Employees must provide independent documentary evidence of departures from and reentry to the United States to request recapture of unused H-1B or L-1 time. Enter your receipt date below to find out if you can contact us with questions. If your H1B transfer petition was filed on time (before expiration of I-94) and is pending beyond 240 days, you can continue to work even after 240 days, as the 240 days H1B rule is not applicable in this context. ImmLaw. on an H1-B visa without converting to an F1 visa. , s/he would be able to recapture 12 months of H1B, thereby extending his status for an additional year with that unused time. Valid from : 04Jan2008Expired on : 14Mar2010Below are US stays and visa typesH1B 6/7/2008 10/31/2009 L1B 11/21/2009 2/9/2013L1B 01/19/2015 till now If yes how much time I can recapture Aug 30, 2017 · a) I was on H1B visa in US from June 2010 - Jan 2016. Jan 27, 2022 · The H-1B 6 th year limit accounts for the time you are “physically present” in the U. Thanks May 4, 2014 · You may seek to recapture the time you spent physically outside of the U. 139 reviews. 5 yrs only. Jun 20, 2023 · 'Recapturing' time The six-year maximum stay period is the total number of days you were present in the United States. Disclaimer. In case an H-1B immigrant travels abroad for extended period of time while on H-1B visa, he may apply for an extension or renewal on his H-1B visa for an equivalent time amounting to his absence in the U. You may have to register before you can post: click the register link above to proceed. However, if the petitioner requests to withdraw a Form I-140 that has already been approved for at least 180 days, or if an associated Form I-485 has been pending for at least 180 days, we will not revoke the approved Form I-140 and the beneficiary will retain the priority date Aug 10, 2022 · Full time MBA allowed. S. You can use it for up to 6 years. I am an Indian and working on H1b which is maxing out on May 16, 2022 (including any recapture time). Immigration Attorney in San Francisco, CA. We offer personalized legal solutions to maximize the potential of companies. At the current pace the PERM might get processed by Sep and my employer is willing to process my 140 i H4 to H1B Recapture time - Please help You can only recapture time that you are not in H1B status. Dec 6, 2020 · Any time outside the US can be “recaptured” at the end of the 6 years, for an exceptional “extension” beyond 6 years. Thus, the 8 months that you spent after I-94 expiration does not count towards the 6 years. New employer will be able to request cap exempt h1b for 3 years. So, if an individual has spent time abroad during the six-year period, s/he can recapture that time abroad. 1. In Jan 2012 my employer initiated H1B for me and I got approval notce in July 2012. Depending on the job offered and the educational qualifications, you may be cap exempt if your Master's degree is a requirement. during your H1B tenure, you may be able to “recapture” that time and extend your H1B status beyond the six-year limit. Once the six year cap is reached, the foreign national must be physically outside the U. My question is if I go to Sweden to work for 1. 1) Now Is it possible to recapture her pending years on H1B as Cap-exempt. The max-out limits on H-1B and L-1 status refer to time spent physically in the U. Yes, you need to leave the United States because you have a total of six years. If the employee has spent a substantial portion of time outside the U. b) Lost the job and traveled to India and got H4 visa stamped in Jan 2016, thru consular processing. Oct 21, 2005 · A 10/21/05 memo from Michael Aytes, USCIS Acting Associate Director for Domestic Operations, regarding procedures for determining the amount of time that can be recaptured for H-1B and L-1 nonimmigrants who have been out of the country. 9. 5 years you were not in the U. Note: Unless the context shows otherwise, all I don’t have experience recapturing lost time but I just came out of a battle with HR who refused to acknowledge my occupation as specialty occupation. You can see the entire policy memorandum by clicking the image above. (408) 516-4618. In addition to the time spent in H-1B status, however, any time a worker spends in the U. , provided he submits necessary documents stating U. Rating: 8. Can I recapture /reactivate the time on my old expired H1 B petition. I came to the US in 2016 on my H1B visa sponsored by my employer in India (approved from 1st oct 2016 to sep 30 2017) . while on H-1B (or on L visa). View Phone Number. Only time spent physically present in the United States in H-1B status is counted toward the six-year maximum H1-B period. In short, treat it like a regular extension (LCA + Form I Now my H-1B is nearing the end of the 6th year limit. Time spent physically outside the United States during the validity period of an employer’s H-1B petition is not counted towards the six-year period of H-1B eligibility. Message View Profile. gh ie wx nh gm sb ac vb jq hp