Arlington MA Visa Lawyer
How do I apply to recapture time on H-1B? – H-1B Recapture of Days Spent Outside of the USA- How is time spent outside of the USA recovered for the H-1B visa?
The H-1B visa is capped at six years. Time spent outside of the USA during the validity period of an H-1B petition is not counted towards the six-year maximum. Any trip outside of the USA for at least 24 hours can be recovered in what is known as “recapture.”
The recapture process can be confusing. Our Arlington visa lawyer is here to help you understand the process.
Can I recapture time I spent abroad for business purposes?
Yes. You may recapture any trip of at least 24 hours for any purpose, including for personal or business reasons.
Do I need to explain to USCIS why I traveled abroad?
No. USCIS does not need your reason for travel.
How can I show my recapture time?
You should submit copies of passport stamps, your I-94 travel history, a travel chart, and any other documentation that may be helpful to the USCIS officer. For case specific guidance as to how to present a recapture request to USCIS, please contact our experienced Arlington visa lawyer.
Will USCIS automatically recapture my time in an H-1B petition?
No. You must make a request to recapture the time you have spent abroad and show proof of your international travel. Although USCIS has access to your international travel information through Customs and Border Protection, you must still make a request to recapture time spent abroad. Any period of absence that is claimed but not corroborated by evidence is not generally counted.
If USCIS does not have enough proof to confirm my travels, will I get a Request for Evidence?
No. USCIS will not issue a Request for Evidence for any claimed time abroad that is unsupported by evidence. Instead, USCIS may grant all, part, or none of your requested recapture time.
When can I request to recapture my H-1B time?
The regulations indicate that any time remaining on H-1B status may be recaptured at any time before the H-1B worker uses the full period of admission. This means that your employer may petition on your behalf to recapture time spent outside of the USA before you reach the six-year maximum.
I was selected in the H-1B lottery in 2018. I came to the USA on H-1B status in January 2019. I left the USA in December 2022. I have not returned to the USA on H-1B status since December 2022. Am I eligible to recapture my time?
Yes. You are eligible to recapture the time you have remaining towards the six-year maximum. In this case, you should consult with an experienced attorney, such as our Arlington visa lawyer, to ensure that USCIS understands the nuances of your set of facts.
I have been approved for two, three-year H-1B petitions in the past six years. I think I am now out of H-1B time. However, throughout those six years, I spent 12 months outside of the USA. Can I recapture those 12 months?
Yes. The six-year maximum period of stay is the total number of days you were physically present in the USA. You may recapture every full day- 24-hour period- that you were outside the USA.
Can my spouse and children on H-4 status recapture time too?
Your H-4 dependents may extend their status by the same number of days as you. H-4 dependents do not need to submit recapture documents.
If my H-4 spouse spent more time outside of the USA than me during the six-year H-1B period, can I recapture more time based on her travel?
No. As an H-1B holder, you are only entitled to recapture the time that you physically spent outside of the USA. If your H-4 spouse decided to stay outside of the USA for three years out of the six-year period, you would not gain any additional H-1B time.
I have been in H-1B status for six years. I have never left the USA. Can I recapture time?
No. Since you never left the USA during your H-1B status, you have reached the six-year maximum. However, other options may be available to you. We would recommend consulting with our experienced Arlington visa lawyer.
I have been on H-1B status for five years. In 2022, I traveled to the Bahamas for 2 months. In 2023, I traveled to India for a month. In 2023, I traveled to Ireland for two weeks. Can I recapture that time?
Yes.
The H-1B recapture process can be tricky. Our Arlington visa lawyer is here to help address the questions you may have about the process.
