Extend by recapturing time (H1B)

Extending H1B beyond sixth year usual limit has been treated from the days spent in US and days outside the country, when it comes to the issue of "recapture," the Service disregards the distinction. Days outside the country, the INS says, can still count as H-1B days and will be subtracted from the six-year limit on status, the same as days spent inside the country.

USCIS has issued at least two statements on recapturing time, both from 1994.

1.       Letter from Jacquelyn Bednarz, who at the time was Chief, Nonimmigrant Branch Adjudications. (Please click here). See Letter from Jacquelyn Bednarz, Chief, Nonimmigrant Branch Adjudication, to attorney Jeffrey Rummel, File No. CO 214h-C (Feb. 15, 1994), reprinted in 71 Interpreter Releases 340-41 (Mar. 7, 1994).

2.       The other is a memorandum from Lawrence Weinig, then Acting Associate Commissioner. (please click here). See Memorandum from Lawrence J. Weinig, Acting Associate Commissioner, to all INS offices, Limitations on Admission of H and L Nonimmigrants, File No. CO 214h-C, CO 214L-C (Mar. 9, 1994), reprinted in 71 Interpreter Releases 582-83 (Apr. 25, 1994).Memorandum from Lawrence J. Weinig, Acting Associate Commissioner, to all INS offices, Limitations on Admission of H and L Nonimmigrants, File No. CO 214h-C, CO 214L-C (Mar. 9, 1994), reprinted in 71 Interpreter Releases 582-83 (Apr. 25, 1994) [hereinafter Weinig Memorandum].