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Gap in H1B Visa

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Gap in H1B Visa

I had a gap in H1B visa since I came back to my home country. I have 1 yr out of 6 years remaining on my H1B with green card I-140 approval.My H1B visa has been approved by USCIS in premium processing for two years.

When does USCIS start counting the days on H1B visa?

1) From the date the H1B visa was approved.
2) From the date the H1B visa is stamped on my passport.
3) From the date I enter USA at the port of entry after the H1b Visa is stamped
4) From the day I start working for the company after I enter the US at the port of entry.

What happens if I get the H1B Visa stamped and enter US after 2 months? Will it be an issue at the port of entry?

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Filed: FB-4 Visa Country: Austria
Timeline

Your H-1 visa has no bearing on the amount of time left on your H-1 status and USCIS doesn't keep count of it in specific either.

Your H-1 times in the US starts from the moment you cross the international border into US. So for example if your H-1 status was approved for 2 years while you were out of the country and you went to US consulate, got H-1 visa stamped but then decided not to travel to US at all, those 2 years could still be used for the next H-1 petition.

 

Once you're in the US, any time you travel outside the US, even for a 1 day could be recouped by you later on, but you'd have to keep track of your travel history.

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