CSC Update

CSC FAQ #1 / Alert: Recapturing Time for the H-1B/L-1 Cap

The U.S. INS, California Service Center has been relatively generous in allowing aliens to recapture periods of time spent outside the U.S. during the validity period of the supporting petitions; however, it will now be necessary to show that the time spent outside the U.S. was meaningfully interruptive of the alien's employment in the U.S.

Acceptable examples include:

• (a) an extended period of sick leave where the alien is required to depart the U.S. for medical treatment, or
• (b) an extended work detail outside the U.S. Vacations and weekends are NOT considered interruptive as they are "a normal part of most employment situations."

This is based on a February 15, 1994 letter from Jacquelyn Bednarz, Chief, Nonimmigrant Branch, Adjudications, to Mr. Jeffrey J. Rummel. The letter is not a policy memo but mere correspondence.