My 6 years limit on H1b got over on Sept 7th 2021. (Last i797 was until sept 7th)
I traveled to in India for an emergency on March 25th 2021.
Now I am planning to apply for cap exempt for the period I am in inida i.e 5.5 months (march25th - september 7th).
Is there a chance of getting RFE since there is less than 6 months? Any foreseen issue in my case?
Note - GC process in progress. Expecting PERM to be submitted by September end.
Shouldn’t be any issue. You can also recapture any other time spent outside of the US in the entire H1B term, not just the one for this year.
Your attorney can tell better as they know your case.
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