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  #16 (permalink)  
Old 03-10-2009, 07:35 PM
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askbz1 has a spectacular aura about askbz1 has a spectacular aura about askbz1 has a spectacular aura about
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Quote:
Originally Posted by wandmaker View Post
It should be valid visa, no x days applies to validity as far as I know.

Yes, you can enter with 40 days of validity and show your new 797 along with valid stamp at POE so that you will get I-94 till Nov 30,2009. If any questions asked, tell the officer that you are going to apply for renewal in a week or so.
____________

I had 4 months left on my H1 6 years limit when I re-entered. But, I did consider, going to India and re-entering when only few days left on the H1. Though its valid to re-enter, I did not want to take any chance.

I understand where you are going with this question:
Probably you are expecting that your labor might get approved before that and you can file for 140 Premium processing and then get a three year extension. This is exactly what I was planning to do. When I filed for Labor, I still had 9 months left on my 6 year H1. But its been close to 17 months since I applied for labor (got stuck in the audit). In the mean time, I went back to India, spent 50 days there, came back to US, filed for recapture, then filed for 7th year extension and in two months from now, I will be filing for 8th year extension as well :-) And with the way, labor audits are treated, I don't think I will get the labor approval in next six months.

Its not that it will happen to you as well... but just a word of caution.
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  #17 (permalink)  
Old 03-11-2009, 06:24 PM
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aguada is on a distinguished road
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thanks, that helps!
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  #18 (permalink)  
Old 03-11-2009, 06:30 PM
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aguada is on a distinguished road
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askbz1 -- When did you file for recapture
-- immediately after you came back with 50 days in India?
--or you've to wait for your H1B's 6 yr to end and then only file for recapture?

is there a norm/requirement when this recapture can be filed and when a H1B extension can be filed?
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  #19 (permalink)  
Old 03-11-2009, 06:52 PM
Junior Member
Priority Date
:
Oct-07
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
Labor Certification
I485 Mailed Date
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Compare
Join Date: May 2008
Posts: 20
askbz1 has a spectacular aura about askbz1 has a spectacular aura about askbz1 has a spectacular aura about
Default
Quote:
Originally Posted by aguada View Post
askbz1 -- When did you file for recapture
-- immediately after you came back with 50 days in India?
--or you've to wait for your H1B's 6 yr to end and then only file for recapture?

is there a norm/requirement when this recapture can be filed and when a H1B extension can be filed?
aguada,

I did not wait for H1b to expire. I filed for re-capture petition soon after I came back and filed for 7th year extension as soon as I received the recaptured time.
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