Going back India during the first stamping

[pkaur2012]

Hi Friends,

I have a query. I have H1B visa and got my first stamping for October 2014 to February 2017. I came to work here in March 2015.
I might have to return to India on November 2016 for some personal matters. Now my employer will remain the same throughout.
Additionally, I came here on business visa between april 2014 to may 2014.

I have the following queries:

1. I would return probably after 6 months, meaning I would overgo the expiring date of H1 (which is feb 2017). So, when I return, would I have to apply extension or would I have to go through the lottery process again?
2. Would I be able to utilize the lost time between october 2014 to march 2015 and between november 2016 to feb 2017.

Please suggest.

Thanks,
PK

[Karthik_K]

Hi PK,

1. Your employer just need to file an extension for you. No need of lottery as you have not used your 6 years of H1.
2. I am not sure about the H1 clock. Wait for others to comment.


This is my personal opinion and not legal advice.

[raghvi]

Hi Friends,

I have a query. I have H1B visa and got my first stamping for October 2014 to February 2017. I came to work here in March 2015.
I might have to return to India on November 2016 for some personal matters. Now my employer will remain the same throughout.
Additionally, I came here on business visa between april 2014 to may 2014.

I have the following queries:

1. I would return probably after 6 months, meaning I would overgo the expiring date of H1 (which is feb 2017). So, when I return, would I have to apply extension or would I have to go through the lottery process again?
2. Would I be able to utilize the lost time between october 2014 to march 2015 and between november 2016 to feb 2017.

Please suggest.

Thanks,
PK

1. No need to go through the lottery again. Employer can file petition as cap exempt.
2. Yes you can do what is called as "recapture" time not spent in US.

This is my opinion not legal advice.

[pkaur2012]

Thanks Raghvi and Karthik.
Really appreciate the inputs.