H4 to H1 COS and H1 recapture

USA
,
1

I am in a tricky situation with my visa status so any assistance would be appreciated.

Case:

I was on H1B visa from 2012 till 2018.

Company delayed filing my green card so I had to convert to H4 and get H4 EAD.

Found a new company which filed my I140 and got approved in 2021

If I calculate my stay outside of US on H1B, i have 21 days which can be recaptured based on I94 entry exits.

Questions:

  1. If I have to go back to H1B, can i recapture the 21 days while doing an H4 to H1 COS
  2. Usually will USCIS approve recapturing 21 days with proper documentation
  3. If H1 COS gets approved, are 21 days enough to file extension in premium and get it approved
  4. What happens if extension is in process and I max out the 21 days
2

If your i140 is approved, there is no need to recapture days.

Just file H1B COS and use i140 as the basis. You should get full 3 year extension.

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