Regarding H1 recapture

[Jaya Krishna Chintala]

Hi Team,

Here goes my list..

1. Can I be in other country for, say, study purpose for a year when my GC is under processing?
2. Currently I am on H1 that is valid till dec 2016. Adhering to the 6 years stay limit, I have 3 more years after 2016 i.e; until 2019. Can I go back to India or any other country for a year for study purpose while I am on H1? If so, Will my H1 still be active if I return to US after 1 year of study? Will this 1 year period be considered in the 6 years maximum stay limit?

[raghvi]

Hi Team,

Here goes my list..

1. Can I be in other country for, say, study purpose for a year when my GC is under processing?
2. Currently I am on H1 that is valid till dec 2016. Adhering to the 6 years stay limit, I have 3 more years after 2016 i.e; until 2019. Can I go back to India or any other country for a year for study purpose while I am on H1? If so, Will my H1 still be active if I return to US after 1 year of study? Will this 1 year period be considered in the 6 years maximum stay limit?

1. Yes.
2. Yes. Yes as long as job is there. Only time spent in US on H1 status is counted towards the 6 Year limit.

This is my opinion not legal advice.

[Jaya Krishna Chintala]

1. Yes.
2. Yes. Yes as long as job is there. Only time spent in US on H1 status is counted towards the 6 Year limit.

This is my opinion not legal advice.

Thanks for your prompt reply. "as long as job is there" is biting a bit