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Can I still recapture my H1B while waiting for the first step of PERM?
Anonymous4 views3 answers
My H1B will be expiring on march 2013 we are still waiting for the first STEP of PERM to be started lawyer target date of filing the first step is january. can we still extend or recapture our H1B and wait for the PERM to be filed in the labor. after the recapture can we still be extended while our paper is under labor or USCIS?
Carl Michael ShustermanImmigration AttorneyLos Angeles, CA ·
Your question is a bit unclear. If you are completing your 6th year of H-1B status, you can recapture any time spent outside the US. However, if your employer is just starting your PERM application, you are ineligible for an H-1B extension under AC-21.
Please click the link below for additional information.
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Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
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IF you have time to recapture, then yes, you can recapture.
Your employer needs to retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise them, and handle the case.
