I got my h1b approved and COS in US;I took a trip to Mexico while my f1 stamp was expiring and returned to U.S , my i-94 entry shows arrival on h1b not departure ;Now will this time I spent out be considered for h1b recapture ?
Yes, any time that you spend outside the US after getting H-1B status can be recaptured.
Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
it appears you departed on F and returned on H as a first entry. The time out on F would not be H time for recapture.
Yes, provide all information to the attorney of record seeking it, and give them detailed notes.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
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