H1 alone goes on vacation for a month leaving H4 in US-Does this count in 6 yr limit

[mystique2456]

I have a H1 and my wife has a H4. I have a need to go to India on a vacation for a month leaving her behind in US. Does this month count towards the 6 year time-limit of my H1 VISA as my H4 is still stayin in the US ?

[raghvi]

I have a H1 and my wife has a H4. I have a need to go to India on a vacation for a month leaving her behind in US. Does this month count towards the 6 year time-limit of my H1 VISA as my H4 is still stayin in the US ?

I dont think there is a direct law defined for this, another grey area is that though one is not US but if one still gets paid as per H1 LCA would that not mean the person was in h1 status? the current law talks about time spent in US while on H1, so in your case as you are outside US the one Month could be recaptured. But in the grand scheme of immigration why leave something to the mercy of 1 Month? Any particular reason why you worrying about crossing the 6th Year due to this 1 Month vacation?

This is my opinion not legal advice.

[mystique2456]

I dont think there is a direct law defined for this, another grey area is that though one is not US but if one still gets paid as per H1 LCA would that not mean the person was in h1 status? the current law talks about time spent in US while on H1, so in your case as you are outside US the one Month could be recaptured. But in the grand scheme of immigration why leave something to the mercy of 1 Month? Any particular reason why you worrying about crossing the 6th Year due to this 1 Month vacation?

This is my opinion not legal advice.

The reason I am concerned is my 6th year is coming closer and just wanted to make sure that I don't unnecessarily lose time just because my wife who is on H4 is staying back in US during the time I am out of US.