Im Virat
Aug 18, 2022
H1B Cap exempt eligibility
Hi all,
I was in United States as an H1B Holder from 2015 till Aug 2020. my H1B expiration date was 04/10/2020 however due to covid was in peak and there were no flights in operations I had to stay. Now to remain legal in US my attorney filled I-539 (change of status / B2 ) and I over stayed till August 26th 2020 ( starting 08-april-2020 I applied leave without pay till the date of flight meaning i didnt work for any day post H1B expire actually even 2 days before expiry) and as soon I got flight i came back to my home county. After reaching in my home county I got notification to appear for biometric for B2 which offcourse I couldn't attend and I asked my attorney to withdraw my B2 as I was not in US. Later I got rejection notice being absent for biometric even though B2 withdrawal was already done.
Now today my I-140 is approved. but i am worried will there be any issue filling cap exempt extension on my H1B? I have 25 days to recapture those I spent in vacation. sorry for long story but it's complicated. any guidance much appreciated. #capexempt #i140 #H1B #h1bextention #b2visa #b2toh1b #h1bdaysrecapture #recapture
ADVERTISEMENT
