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Old 10-14-2010, 04:19 PM
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Default Having H1, at the max how long i can stay in India?

Hi,
I am having my H1, and applied for renewal hopefully i will be getting it by this Dec '10.

Till Sep 2011 my H1 is valid, after that i am planning to go for extension as i filed my I-140 now.

Next year i am going to India i will get it stamped there for me also for my wife. But due to health reason for my wife, i am planning to stay in India and go for the treatment. For that i have to stay there and assist her fully, for the treatment. Not sure how long it will take.

My question is this, if my employer/client is OK with this, what is the maximum period i can stay in India without working in US.

Two scenarios here:
1. If the pay-stub is not generated, how long i can stay there?
2. If my employer agrees to pay the salary for those months, because i can also work in my company's offshore office, in that case how long i can stay there?

Last edited by sripy123; 10-14-2010 at 04:24 PM.
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  #2 (permalink)  
Old 10-14-2010, 05:02 PM
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You should be able to stay as long as you wish/need in either scenario you presented.
Hope some one else confirm this.
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  #3 (permalink)  
Old 10-14-2010, 05:19 PM
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Default Good

If your employer fully support you on your entry into USA after long stay in India, you are good.
You may need to show documents, letter from employer, and also he will be ready to answer phone upon entry. (they may ask him whether a job is available for you).
You can enter before your visa expiry.
Talk with company lawyer.
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I am not a lawyer. This is my personal opinion.
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