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Regarding H1 recapture

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  • Regarding H1 recapture

    Hi Team,

    Here goes my list..

    1. Can I be in other country for, say, study purpose for a year when my GC is under processing?
    2. Currently I am on H1 that is valid till dec 2016. Adhering to the 6 years stay limit, I have 3 more years after 2016 i.e; until 2019. Can I go back to India or any other country for a year for study purpose while I am on H1? If so, Will my H1 still be active if I return to US after 1 year of study? Will this 1 year period be considered in the 6 years maximum stay limit?

  • #2
    Originally posted by Jaya Krishna Chintala View Post
    Hi Team,

    Here goes my list..

    1. Can I be in other country for, say, study purpose for a year when my GC is under processing?
    2. Currently I am on H1 that is valid till dec 2016. Adhering to the 6 years stay limit, I have 3 more years after 2016 i.e; until 2019. Can I go back to India or any other country for a year for study purpose while I am on H1? If so, Will my H1 still be active if I return to US after 1 year of study? Will this 1 year period be considered in the 6 years maximum stay limit?
    1. Yes.
    2. Yes. Yes as long as job is there. Only time spent in US on H1 status is counted towards the 6 Year limit.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      1. Yes.
      2. Yes. Yes as long as job is there. Only time spent in US on H1 status is counted towards the 6 Year limit.

      This is my opinion not legal advice.
      Thanks for your prompt reply. "as long as job is there" is biting a bit

      Comment

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