H1 b visa recapture and H1 b 7th yr extention

Asked almost 6 years ago - Northville, MI

Hello,

1) My 6 years of H1-b expiring on Aug-24th including recaptured days outside of US while on H1.

2) My PERM is still under Audit by USDOL Atlanta. PERM priority date is Oct-17,2007. So I can not apply for H1 1 year extension now.

3) My wife has applied for H1 status for 2009 Quota. No approval yet.

4) We have a baby coming on 1st week of July 2008.

If it I leave US just a week before my H1 expires (Aug-15th) and then wait until Oct-17th, will it be possible to apply for concurrent H1 recapture and one year H1 extension on Oct-18th?

Since baby might not be healthy to travel, do we have a B2 option available? If we go B2, when should we apply and can I still apply for one year H1 extension on Oct-18th?

What are other options?

Attorney answers (1)

  1. Steven Alexander Culbreath

    Contributor Level 10

    1

    Lawyer agrees

    Answered . If you leave before the Aug. 24 date, you can attempt to recapture that time and file for a 7th year H-1B after the PERM has been pending for 12 months.

    I would exit the U.S., file a petition with USCIS for the 7th year (under AC-21) to start any time after October 17, 2008. See what USCIS does, I don't see why they would not grant it.

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