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  • H1B period of stay in US

    Hi,

    1. I got my H1B Visa stamped in 2008 and valid till 2010 Sept and i travelled to USA only begining of Sept 2010. Usually H1B is valid for maximum of 6 years, so in my case the time i had not spent working in US is also counted for the H1B duration?

    2. My employer has applied for H1B extension and the approval might take 2-3 months. I am forseeing a travel to India because of mother health. Can i travel and come back to USA while my H1B extension is pending? To Re-enter USA, i have to go for an H1B stamping again which might create issues while H1B extension is pending. Many people suggested me not to travel but due to personal reasons i may be forced to travel, is there any way out?

    Thanks,
    Srinivas
    Last edited by srgattu; 09-21-2010, 03:43 PM.

  • #2
    1. Only period in US on H1b status is counted.
    2. As long as you are getting paid on H1b now, you can travel out and enter again after getting a new visa stamp. Your extension may get approved without the I-94 if you travel.

    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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