Recapture of Time Abroad to Extend Nonimmigrant Status
Posted Mar 03, 2006
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As regular readers of MurthyDotCom and the MurthyBulletin are aware, the USCIS permits persons in H1B or L-1 status (and dependants of those categories) to recapture time spent outside the United States during the course of their validity periods in order to file extensions of the relevant nonimmigrant status. This time spent outside the U.S. can be added to the end of one's nonimmigrant status period. A favorable change with respect to recapture of time abroad was reported in our September 9, 2005 MurthyBulletin article, AAO Allows for Recapturing H1B Time Abroad, available on MurthyDotCom. To prove how much time was spent abroad, in order to request a recapture of that time, the USCIS requires certain evidence of the claimed trips abroad.
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Proof of Travel - Passport Stamp and Other Evidence
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The best proof of travel is typically the arrival stamps in the passport. Copies of the relevant stamps, marked with a highlighter, should be included with any recapture request. In some instances, however, these stamps are illegible. This can be caused by a problem with the initial stamping or because of the overlapping of stamps, making certain ones difficult to read. Individuals who travel frequently likely have passports with many stamps, each on top of the other, in no discernable order. It is often safer, therefore, to supplement this proof of travel. In such cases, the USCIS will accept other credible evidence, such as plane tickets with the travel dates highlighted or dated receipts from hotel stays or other travel costs or purchases.
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USCIS Decision Based on Preliminary Evidence Submitted
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In a February 28, 2006 meeting with the AILA Washington DC Chapter, attended by all the attorneys at the Murthy Law Firm, a senior supervisor of the Vermont Service Center indicated the USCIS position. Most often, the USCIS will not issue a Request for Evidence (RFE) to prove that a person is entitled to recapture time abroad. The USCIS will decide based simply on the information provided initially. Thus, rather than having to file an extension soon after H1B approval, it is important to provide with the other evidence a chart of one's U.S. entry and exit dates and documentation of each date of entry from abroad.
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Retain Documents Carefully
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Because it is not certain when a stamp may be covered by a later stamp, we recommend that one who may need to use the recapture benefit retain proof of travel dates besides those in the passport. This includes copies of airline tickets, boarding passes, credit card purchases made while in a foreign country, and other evidence. One may also wish to make a copy of the stamp once it is entered into the passport, before it is covered by another stamp. Copies of the old passport should be made before it is relinquished for renewal. Otherwise, expired passports should be kept in a safe place. As mentioned, plane tickets, hotel receipts and other travel-related expenditures can be submitted as evidence. A printout of one's travel history can be obtained if one is in a frequent-flyer program. An individual traveling on business may have an itinerary from his/her employer. If travel was arranged via a travel agent, they may be able to provide these records.
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Conclusion
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Since it is now possible to recapture all days spent abroad, those in H1B or L-1 status, and their dependents, should keep proof of their travels organized and in an a safe place. In most situations, the recaptured time is requested at the end of the allowable H or L stay. Thus, documentation accumulated over approximately five years may be needed. Most people do not have reasons to retain their airline tickets so long after travel, but for affected individuals it is necessary to set up a system and to carefully retain this type of evidentiary documentation. The ability to recapture time spent abroad can be an invaluable asset in one's overall immigration strategy.