Sr

Hi,

I'm looking to recapture 5 weeks or so on my H1B to allow me to file my LC
application in time to get an extension for 7th year. My question is the
following:

Do I need to file before my 5 years are up, or is it okay to file later as
long as my application is pending for 365 days when my sixth year is up?

This question has arisen because I have only spent 2 weeks outside the
US so far, and I have used up 4 years and 11 months on my H1B. I was
planning on taking a vacation for the remaining 3 weeks this December and
then file for recapture. In affect my LC application would be filed 5
years and 1 month into my H1B but still be pending for more than 365 days
when my 6 years are up.

(Thanks to Joe Feise for pointing out this AAO ruling on recapture
<http://www.immigration.com/fromtheagency/aaocisnews.html>

-SR