Recording for May 09, 2024 Conference Call with Rajiv S. Khanna
Nonimmigrant Visas
Immigration Law
Green Card
Discussion Topics:
FAQ’s: EAD delayed - options || Benefits of National Interest Waiver
Discussion Topics:
FAQ’s: EAD delayed - options || Benefits of National Interest Waiver
FAQs: Options when H-1B project is canceled || B-2 visa dilemma: Extend or switch to CPT for PERM/I-140 || Procedure to recapture H-1B/L-1 time outside the U.S.
During the last three years on H-1B, I have spent approximately one year outside of the US (multiple visits to India). What is the procedure to recapture that time and add it back to my H-1B total time?
You can recapture your H-1B time (one year) by requesting it during your next extension application. There's no deadline, and you might even recapture a full year if you exceed six months out. Documentation like passport stamps is needed.
Community members and our lawyer colleagues have shared their stories. It appears:
1. The NTAs are getting resolved quickly, where you are still in the grace period and/or have a B-type petition pending. Motions to terminate are working.
2. The hearing dates are also being given in a few days or weeks.
3. The percentage of NTAs is relatively small.
Can I receive a Notice to Appear (NTA) for deportation even if I have legal immigration status or a pending application?
This question is particularly important because continued accrual of unlawful presence during removal proceedings can trigger the three-year or ten-year bars, severely limiting future immigration options.
General Rule: Yes, Unlawful Presence Continues