Can I still recapture my time if my H1B is Cancelled

[vks4you]

Hi,

Below is my situation.

My employer is processing my GC and the labor is not yet filed. My 6 year H1B term ends

in Aug 2015, but I am transferred to Canada so that I could be outside US for 1 year, and

also return back to US once my I140 is approved. I have still 5 months left on my current

H1, but my employer wants to cancel my H1 so that they can recapture the 5 months time

without going through the lottery system once the I140 is approved, and then request for

a 3 year extension. So I would like to know:

1. Does the H1B needs to be cancelled, to be able to recapture the left over time?
2. If I140 is approved, will I be CAP Exempt, and would not need to go through the

lottery system?
3. If we can recapture the 5 months as mentioned by my employer, will they be able to

file for a 3 year extension without going through the lottery system after the I140

approval?

I would appreciate your help and guidance.


Thanks in advance.

[raghvi]

Hi,

Below is my situation.

My employer is processing my GC and the labor is not yet filed. My 6 year H1B term ends

in Aug 2015, but I am transferred to Canada so that I could be outside US for 1 year, and

also return back to US once my I140 is approved. I have still 5 months left on my current

H1, but my employer wants to cancel my H1 so that they can recapture the 5 months time

without going through the lottery system once the I140 is approved, and then request for

a 3 year extension. So I would like to know:

1. Does the H1B needs to be cancelled, to be able to recapture the left over time?
2. If I140 is approved, will I be CAP Exempt, and would not need to go through the

lottery system?
3. If we can recapture the 5 months as mentioned by my employer, will they be able to

file for a 3 year extension without going through the lottery system after the I140

approval?

I would appreciate your help and guidance.


Thanks in advance.

What your employer is planning is right, but dont understand the "cancellation" part.
1. There is nothing called "cancellation of H1" as per se, in this scenario. All that you need to do is leave, preferably few months before your 6 Year term ends.
2. Yes, if you are outside US and provided 6 Years is not exhausted on the h1.
3. yes possible.

This is my opinion not legal advice.