Legal Question in Immigration Law in California

Counting Six Yrs towards H1B minus time out of USA

My first date of entry in US is 11th May 2000.

I am in the process of calculating the start date for my 6th year ( necessary for my H1b 7th year extensions as well as Green Card Application) .

I was out of the country for 4 months in my last 5 years details of which are as follows :-

Purpose date of departure date of arrival

Sister's wedding 6th April2001 6th May 2001

Father's treatment 21-Jun-02 9th Jul 2002

My wedding 27-Oct-02 26-Dec-02

Visa Stamping 20-May-03 29-May-03

Canada Visit 4-Sep-03 8-Sep-03

If I recapture this time , my 6th year starts from 11th May + 4 months = 11th September 2005 but one of the attorneys is saying that the pleasure trips can not be recaptured to calculate the stay and extensions which means it will start from 11th May 2005.

Which date is correct 11th September 2005 or 11th May 2005 ?

Is there any guideline from doL and past experience over this situation?


Asked on 4/27/05, 1:14 pm

1 Answer from Attorneys
Baoqin Wang Law Office of Baoqin Wang

Re: Counting Six Yrs towards H1B minus time out of USA

You can apply to recapture the time that you were not physically present in the US. Different service center may have different policies, so you need to prepare for your recapture application carefully.

No matter what, you need to have a labor cert. or I-140 pending ASAP so to take care of the 7th year H1b extension.

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Answered on 4/27/05, 1:29 pm


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