Legal Question in Immigration Law in Kentucky

My situation:

I have Indian passport. I am here on H1-B visa that started October 2008. So 6 years will be up September 30 2014.

My employer applied PERM on April 16 2014.

I have about 3 months I can recapture.

My employer is asking me to work from another office location (outside of USA) for 100 more days so we can get enough days to recature H1 till April 16 2015.


1. When should I go?

2. Is it possible to go in September mid 2014, complete 100 days in December 2014 and then my employer applies for recapture sends me new I-797 and get new stamp on passport and come back?

3. If answer to 2 is yes, how will my emplayer be paying me because they can't keep me employed on expired H1.

4. If answer to 2 is yes, how can the employer recapture days on H1 when time spent outside US is after expiry of 6 years of H1.

Asked on 6/04/14, 10:12 am

1 Answer from Attorneys

Rahul Manchanda, Esq. Manchanda Law Office PLLC

Please call me at (212) 968-8600 or toll-free at (800) 750-1828. Kind regards, RDM

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Answered on 6/04/14, 10:16 am

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