I 140 is cleared can i stay back in india till my PD is current

G

GCEAD04

Registered Users (C)
Hi ,

I'm staying in US for last 5 years.I came on F-1 visa and now i'm on H-1 Visa.My LC and I 140 is cleared.Now i have to apply for h-1 extension.I have another 3 years of H-1 period left.I'm planning to get the new H-1 Papers and get the visa stamped in mexico and wants to visit india next year begining.In last 5 years i never visited india.This will be my first visit after i came to US.

Actually i'm planning to stay back in india till my PD is current. Once it becomes current i will come back to US and apply for 485.But i'm not aware how long can i stay in india.Is there any law which cancels my h-1 if i don't return after some period of time.

My employer has no issues with this.He will not cancel my h-1.I will get my h-1 stamped for another 3 years.I want to go back india and try some business over there.Once my PD is current i will be back to US.


My concern is How long Can any one stay in India after H-1 stamping?Is there any guide lines on this.If any one knows this rules can let me know...

What effect it will have on my 485?

Thanks,
GCEAD04
 
GCEAD04 said:
Actually i'm planning to stay back in india till my PD is current. Once it becomes current i will come back to US and apply for 485.But i'm not aware how long can i stay in india.Is there any law which cancels my h-1 if i don't return after some period of time.
Click to expand...

That's fine.

My concern is How long Can any one stay in India after H-1 stamping?Is there any guide lines on this.If any one knows this rules can let me know...
Click to expand...

You can stay as long as you want. If the visa is valid for three years, then you can stay in India for three years.
 
my only concern is proving that you are really needed for that job, since H1 is for a job for which an american was not found, at the POE if they paid attention to your long absence......
 
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