Would I be able to apply for recaptured time as part of an H-1 transfer? Will the NIV date be updated during the H-1 transfer?

Answer:

It is possible to ask for additional H1B time, based upon recapture, whenever one’s employer (or new employer) files the H1B petition. The expiration date on the nonimmigrant visa would not be changed as part of the H1B petition filing. The foil (commonly, “stamp”) is issued by the U.S. consulate; the H1B petition is filed with the USCIS. These are parts of different governmental departments. The visa can only be issued at the U.S. consulate abroad. (24.Feb.2014)

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