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What I Need to Know before I Ask the USCIS to Recapture my H-1B Time?

Dr. William:

I need to extend my H-1B visa within 2 months. I worked for another company in my home country in last year about 5 months. Because of the H-1B six-year limit, I would like to ask the USCIS Service Center to recapture my 5 month time spent outside of the U.S. from my H-1B visa time. What I need to know before I ask the USCIS to recapture my H-1B time?

Answer:

Currently for H-1B visa holder, a period of time spent outside of the U.S. can be recaptured. This will allow delay of reaching the H-1B six-year time limit and making some people qualified for 7th-year H-1B extension. USCIS indicates that a Service Center may refuse to permit recapture request, unless the petitioner submits specific qualified absences at the initial filing.

When such specific evidence are not found in the petition filing, the Service Center may approve the H-1B extension petition without the recapture. The USCIS Service Center may also deny H-1B time recapture petition if the H-1B extension petition is not eligible, without issuing a RFE. So you should submit sufficient evidence at the initial filing of the recapture.




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