I am currently on 8th year of my H1B. My current employer recently filed for labor and it was audited last month. My H1B will expire before I can renew it based on the labor pending for 365 days clause. Couple of questions:
1) Can I recapture time for my initial 6 years on H1B to extend the H1B expiration?
2) Can I leave the US for a few weeks, and then recapture that time to extend the H1B expiration?
Probably not. Recapture is a concept that applies to the initial six years.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.
You need to work with an immigration attorney ASAP in order to make sure you do not fall out of status. More information is necessary to present the best strategy for you and your situation.
Grady G Gauthier
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