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Staying out of US for a year after approved i140

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  • Staying out of US for a year after approved i140

    hi
    i have h1 from company A valid till june 2017 stamped.My wife is in H4 stamped. and have a child born last month in US.
    she got MBA seat in india and going to india this september/october for 2 year education.
    i am planning to take a 1 year leave from March 2016 to March 2017 .
    my Employer started my GC just this month and have all documents submitted to my attorney for verification.

    Question:
    would this 1 year break affect my GC process or reentry to US anyway ? i am planning to work for Company B in india during that 1 year leave.
    ( i asked my current employer not to revoke my H1B and they agree to that)
    would USCIS revoke my H1B as i am not in payroll?
    should i wait untill my i140 approved and then take 1 year leave?
    does This plan make sense.

    Kindly help me and thanx in advance

  • #2
    would this 1 year break affect my GC process or reentry to US anyway ?
    >>> No Issues. You will need a new employment verification letter from the employer when you return.

    i am planning to work for Company B in india during that 1 year leave.
    ( i asked my current employer not to revoke my H1B and they agree to that)
    would USCIS revoke my H1B as i am not in payroll?
    >>> They won't revoke without checking with the employer. If asked, the employer can say that they are planning on bringing you back soon.

    should i wait untill my i140 approved and then take 1 year leave?
    >>> Advisable to do that for various reasons, including maintaining the priority date on GC. You never know what the employer will do to your GC process after you have left them.
    Not a legal advice. Use of this information is strictly at your own risk.

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