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H1B Visa

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  • H1B Visa

    I came to India for my first H1B visa stamping and not able to return due to COVID lock down. How long can we stay out of USA on our first H1B visa

  • #2
    As long as you want. Any days spent outside the US, can be used to to re-capture against the H1 6 year rule.
    If your current petition expires, then your employer needs to file for the extension and send you the approved 797. Get the visa stamp and then return.
    You can return to the US anytime as long as your 797 & Visa stamp are unexpired and it is highly advisable you get a letter from the employer stating that you still have the job and they are expect you to return
    Opinion only. Cannot be construed as legal advice.