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Suggestions needed from gurus : Minumum stay in US Question - H1B

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  • Suggestions needed from gurus : Minumum stay in US Question - H1B

    Hello gurus,

    please guide me in this dilemma.

    My I-140 is approved by employer A, i am full time with employer B since there is a long wait on GC and due to family reason i have to be in India for maybe an year or two. Please suggest me how can i do it without loosing H1 and my PD.

    My understanding is i can come back in an year or two and still use I 140(as long as employer A won't revoke it)

    I believe i have only these two options based on my situation:

    Option 1: Go to India for 1+ year and when i plan to come, find new H1 employer,file new H1, get stamping and come to us (pretty much start from scratch, it will reset the H1 clock as well)

    Option 2: While i am in US, Find an employer(desi consultant ) xfer H1 get 3yrs based on approved I-140, go back to india get stamping, stay for 3-4 months and come back to US find contract job work few months and go back to India. can i do this ?

    I don't see any minimum time limit to work in US each year, But please let me know if there might be any issue if in those 3 yr's of H1 i work only few months each year in US and live in india rest of the months (would option 2 be okay)?

  • #2
    suggestions anyone ?

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