View Full Version : H1b recapture to h1b ext, filling the gap!!

08-17-2013, 03:03 PM
Hello guyz, i have a rather tricky case..

1. I am on current h1b visa expiring sept 17 2013. I have a masters from US + 7 year wrk exp with same/current co.
2. I have approved labor certified till jan 27 2014 (applied feb 06 2013)
3. Labor job description clashes with my education+exp so high chances of i-140 denial.
4. lawyer suggest delaying i-140 till feb 2014 so labor goes back in pending for more than 365 days..and i get 1 yr h1b ext.

5.we r applying for recapture time of 100 days that keeps me safe till dec 25 2014.

So as you see I have to deal with a gap now from dec 25 till feb 2014/till i get approved 1 yr h1-b to return to united states.

Im trying to find out is there any way to avoid this gap. Any alternatives.

this whole above process will be coupled with a new PERM process starting right now..so i wont hear decision on it till maybe april 2014.

08-18-2013, 01:42 PM
Change of status to F2 or H2 through your spouse.