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Will it affect my Green Card Processing - Please Help

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  • Will it affect my Green Card Processing - Please Help

    I am on H1 for the last 3 years. Got my H1 renewed for 3 more years last month. Now i have to go back to India for one year (2009) and come back at 2010 and work at the same company. I will not be in a payroll for 2009. I have two questions -

    1. Is it ok to stay in India for one year (not being in payroll) while on H1 visa?
    2. When i come back to US at 2010, i am planning to start my Green Card processing. I want to know if my one year stay in India will affect my Green Card processing in any way?

    Thanks a lot.

  • #2
    1. You are not on H1 once you leave the US.
    2. No impact other than you get to the end of the queue. Your employer can start the process even now as GC is for future employment.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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    • #3
      thanks a lot, txh1b

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      • #4
        There is a sudden change of plan. My company wants me in US for two months - March 15 - May 15. Then i have to go back to India till Dec 09 and come back to join work from Jan 2010. My questions -

        1. Will i be facing any questions at the immigration (point of entry) when i come back on Jan 2010?
        2. Any other situation or scenario that i should be aware of?
        3. If i receive pay check for just two months in 09, will there be a problem when i file taxes for 2009?
        4. How long can i stay outside US on a H1b visa?

        Thanks a lot.

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        • #5
          1. About what? If you have a valid job offer, you can return with a new offer letter.
          2. Be specific.
          3. Not unless you stayed past the dates of getting the paycheck becoming out of status.
          4. There are no limits. You can return as long as the 6 years have not been completed and you have a valid petition and job.

          I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

          Comment

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