Visiting India for long duration on H1B

[ms81516]

Hi,

I am seeking an advice on visiting India while on H1B.

I entered in USA June 16 2014 on H1B with my wife and daughter on H4. I have a valid entry till March 19 2016 on my I-94 and my family has couple of months more than mine (which is surprising). We are planning our visit to India in Nov 2015 for 2 months. So I would be back in US in Jan 20 2016.

Now, my concern is if my current employer wants to file an extension for my H1, they have to start before March 19th 2016. Will this cause any problems if I come back from India in mid January? I still have two months to file an extension.

During my visit I will be on 3 weeks vacation and then working from India.

Also, does this really matter how long we stay in India on H1? (ofcourse not for too long)

Appreciate response on my queries.

Thanks.

[raghvi]

Hi,

I am seeking an advice on visiting India while on H1B.

I entered in USA June 16 2014 on H1B with my wife and daughter on H4. I have a valid entry till March 19 2016 on my I-94 and my family has couple of months more than mine (which is surprising). We are planning our visit to India in Nov 2015 for 2 months. So I would be back in US in Jan 20 2016.

Now, my concern is if my current employer wants to file an extension for my H1, they have to start before March 19th 2016. Will this cause any problems if I come back from India in mid January? I still have two months to file an extension.

During my visit I will be on 3 weeks vacation and then working from India.

Also, does this really matter how long we stay in India on H1? (ofcourse not for too long)

Appreciate response on my queries.

Thanks.

You can file extension as early as Sep 19th 2015 in premium , get extension approved before your departure, go for stamping while you are in India and return.

If you want to avoid doing this, I would suggest you file extension after returning back in Jan 2016.


This is my opinion not legal advice.

[ms81516]

You can file extension as early as Sep 19th 2015 in premium , get extension approved before your departure, go for stamping while you are in India and return.

If you want to avoid doing this, I would suggest you file extension after returning back in Jan 2016.


This is my opinion not legal advice.

Thanks Raghvi for quick reply. If I understood it correctly, there is no issue with amount of time you spend outside US in your visit (almost 2 months in my case).

[raghvi]

Thanks Raghvi for quick reply. If I understood it correctly, there is no issue with amount of time you spend outside US in your visit (almost 2 months in my case).

Don't see any issues with that.

This is my opinion not legal advice.