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  #1  
Old 04-05-2007, 10:43 AM
dunkin dunkin is offline
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EB2
I140 Mailed Date
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07/31/2006
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08/14/2007
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Exclamation H1B, Leave of Absence - Out of the country

i am on h1b and in my 7th year. my employer has started the gc process for me (currently filed for I-140). i have been out of the US on leave of absence for the last 4-5 months. i need to extend this some more, and employer may be willing to do this.

the question is, is any regulation (related to my being on h1 and/or the GC being processed) that limits how long i can be away and out of the country? i heard someone say i cannot be away for more than 6 months. is this true? is there even any rule that regulates this?

no payroll is being run during this time, although that can be addressed if it will help.

thanks in advance.
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  #2  
Old 04-05-2007, 10:53 AM
whoever whoever is offline
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*caca, when you transfer h1, do you only have to work for new employer or can you still hold the job you were doing under the old employer?
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  #3  
Old 04-05-2007, 11:05 AM
dunkin dunkin is offline
Junior Member
Priority Date
:
Jun-05
Category
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EB2
I140 Mailed Date
:
07/31/2006
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India
Processing Stage
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I-485
I485 Mailed Date
:
08/14/2007
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Join Date: Mar 2007
Posts: 9
dunkin is on a distinguished road
Question not sure i understand

macaca, thanks for the reply and the USCIS link. however, i'm not sure i understand your reply.

you say "out of status!", but the USCIS rule seems to say my status is not affected ("An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.").

can you please clarify?
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  #4  
Old 04-05-2007, 02:29 PM
dunkin dunkin is offline
Junior Member
Priority Date
:
Jun-05
Category
:
EB2
I140 Mailed Date
:
07/31/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/14/2007
Compare
Join Date: Mar 2007
Posts: 9
dunkin is on a distinguished road
Default more importantly...

thanks, macaca. the uscis link you posted above seems to answer exactly my kind of situation. a lawyer has answered similarly.

here's my question part II. will i (or am i susceptible to) run into any trouble with the immigration officer at the port-of-entry on return? has anyone else been in the same situation and returned without any problem?

thanks!
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