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How long can H1 visa holder stay OUTSIDE of USA

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  • How long can H1 visa holder stay OUTSIDE of USA

    Hi,

    I am H1B visa holder with I-140 approved(GC Process) and current visa stamp validity till (Dec 2017).
    Unfortunately My mother got affected by cancer and she is undergoing treatment.
    Due to this situation I have to go back to India to take care of her.
    Treatment can go from 6 to 12 months.

    So my question,
    1. Is there any problem for me to come back to USA on same H1(which is valid till Dec 2017) visa after 1 year of stay in India?
    2. Does it needs my payroll to be running till that one year ?
    3. How long I can stay back in India to use the same H1 visa?

    Your help is highly appreciated.

    Thanks in advance,
    SB

  • #2
    1. Yes. As long as your employer doesn't revoked your H1
    2. No
    3. As long as your employer is willing to hire you back within the LCA validity period, you can come back on that H1B at any time.
    This is not a legal advice. Use at your own risk.

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