CAN I RECAPUTRE TIME?

Question:

 

Hello!
My H1B maxed out date in 1st week of Dec 2022. After that i have recapture time of 3.5 months. PERM is in process but falling short 3 weeks from 365 days to file 7th year extension if needed. Will it be safe to go out and comeback after a month with 3 months of validity of current stamped visa from the return date? Or may create issue at port of entry?

 

 

Answer: 

 

Attorney Mrs. Pallavi Ahluwalia’s response:

You will have to file the H1B again to recapture the 3 weeks out of the country and yes this is a good plan. Thanks