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I got my 1st H1B approved from Oct 1st-Sept 30th 2015
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Hello this is Kripa...

Hello this is Kripa I got my 1st H1B approved from Oct 1st-Sept 30th 2015

Lawyer's Assistant: Thanks. Can you give me any more details about your issue?

Sure.. so my 6 years is completed on 30th of Sept 2016 right? now to complicate this situation.. in Nov 2014 I lost my job and immediately I applied for an H4 dependant on my husband's H1B My next H4-H1B transfer was applied for in May 2015 and it got approved in August 2015 My question is.. can I recapture the time I spent on H4 be recaptured when my H1B expires?

Submitted: 2 years ago.Category: Immigration Law
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2/19/2016
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 2 years ago
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,839
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

Yes, you may recapture that time because time on H-4 does not count against your 6 year maximum. Here is the official memo:

https://www.uscis.gov/sites/default/files/USCIS/Outreach/Interim%20Guidance%20for%20Comment/H-4SeekingH-2orH-3StatusPM.pdf

And here is a good article:

http://www.murthy.com/2008/11/07/newsflash-uscis-memo-on-h-and-l-timing-h1bh-4-decoupling/

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Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 2 years ago

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

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