Hi,
I'm trying to figure out if we can recapture the recapture period.
Meaning If my original H1-B 6 years complete on 12/31/15 and I have 180 days of recapture. This makes my H1-B max out date as 06/30/16 (approx). If I travel outside of US between 12/31/15 and 06/30/16 (during 6 months of recapture) for 40 days, can I claim them back and account for them while using the 365 days rule of PERM application to get the one year H1-B extension.
I'm asking this because my friend's lawyer told them they can not and my lawyer has said yes you can recapture all the time spent outside the US before your max out date, irrespective whether it is during the original 6 years or the recapture period.
Thanks.
I'm trying to figure out if we can recapture the recapture period.
Meaning If my original H1-B 6 years complete on 12/31/15 and I have 180 days of recapture. This makes my H1-B max out date as 06/30/16 (approx). If I travel outside of US between 12/31/15 and 06/30/16 (during 6 months of recapture) for 40 days, can I claim them back and account for them while using the 365 days rule of PERM application to get the one year H1-B extension.
I'm asking this because my friend's lawyer told them they can not and my lawyer has said yes you can recapture all the time spent outside the US before your max out date, irrespective whether it is during the original 6 years or the recapture period.
Thanks.
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