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Posted on 14 Mar 2010
Q.

Recapture time on H1 transfer and Labor filing

I am planing to change my jobs and have to transfer my H1B. My current H1b is valid till May 1st 2011. I first came to US on 5th June 2005. I have also stayed outside of US for a period of 114 days

1) 68 days - 2006
2) 32 days - 2007
3) 22 days - 2009.

I have copies of my I-90 and the stamp on my passport to support this. I wanted to ask if i transfer my H1B to a new emeployer, can i recapture this time .

1) What do i need to do in order to capture this time.

2) In case if i am able to capture this time, my new visa expiry would be around Aug 5th 2011. In this case, is it fine if my new company files for my labour before July end 2010 considering the 365 day rule for LC filing.

3)What other options i have for Labor filing in case it is not filed my Aug5th 2010.

User's Location: Mountain View, California, United States of America
Category: Employment-based Green Card
Posted on 15 Mar 2010
A.
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User_thumb_100_Photo_Dimitar_Michailov

Dimitar Michailov
Immigration Lawyer
Capitol Immigration Law Group LLC
(888) 878-4721

www.cilawgroup.com

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