View Full Version : Advice on PERM and applying for date Recapture for H1B validity extension

07-09-2011, 02:38 PM
Hi ,

Found this to be a good forum with lot of information. A big thank you to the Administrators and the contributors.

Now to my specific query : My H1B visa original start date is Oct 2006. Got first H1B extension for additional 3 yrs in Jan 2009 and the visa had an ending validity date of Jan 2012. The company is in process for applying for Labor certification now. Would like comments / advice on :

1> Is it correct that the H1B visa expiry should be actually Oct 2012 , based on the initial H1B start date of Oct 2006 ?
2> I had spend time outside US , while on H1B status.
3> Given above , can i apply for date recapture whereby the H1B visa can be extended beyond Oct 2012 , capturing the actual six year H1B validity plus the time spent outside USA?
4> Say the labor certification application starts on 15th Jul 2011 , can the application for H1B date recapture be also filed on / just after 15th Jul 2011 . What are the implications of having the labor certification , followed by PERM filing being simultaneously pursued with the Date recapture application? Would like to apply for premium processing for H1B date recapture .
5> Plan to take vacation in Dec 2011 and planning to travel to India. Will labor certification / PERM filing be effected in any way if i travel to India? I am assuming that the date recapture gets approved and a new visa , with validity beyond Oct 2012 .

Thanks in advance,