6th year of H1B

[visaasper]

Hi

I am in my 6th year of H1 and my current H1 is going to expire in Jan 2010.

My employer is going to file my labor after June 2009 only and the employer says I am good for H1 beyond H1 6th yr extensions even if they file my labor after June 2009.

My company attorney’s argument is they will recapture the time I spent outside the US (It is around 14 months) in Aug 2009 (before 6 months of my current I-94 expiration) to claim total 6 yrs of H1 duration and that way I can be under past 12 months rule of GC initiation and will be eligible for H1 extensions beyond 6th year.

Is H1 recapturing risky or one can definitely claim?

Would there be any impact on H1 recaptures because of current economic crisis?

In worst case if the recapturing is not possible what are my options for My GC/H1 beyond 6th yr extensions?

[txh1b]

Hi

I am in my 6th year of H1 and my current H1 is going to expire in Jan 2010.

My employer is going to file my labor after June 2009 only and the employer says I am good for H1 beyond H1 6th yr extensions even if they file my labor after June 2009.

My company attorney’s argument is they will recapture the time I spent outside the US (It is around 14 months) in Aug 2009 (before 6 months of my current I-94 expiration) to claim total 6 yrs of H1 duration and that way I can be under past 12 months rule of GC initiation and will be eligible for H1 extensions beyond 6th year.

Is H1 recapturing risky or one can definitely claim?

Would there be any impact on H1 recaptures because of current economic crisis?

In worst case if the recapturing is not possible what are my options for My GC/H1 beyond 6th yr extensions?

You will be fine. Period spent outside US can be recaptured.