I am in H1B status, valid through AUG 2016. I now need to leave the U.S. for family reasons. Is it ok if I keep the H1B as it is until AUG 2016 while I am away, or do I need to cancel the H1B?

Answer

The individual does not have the ability to “keep” or “cancel” an H1B petition. H1B status is only held in the U.S., and the H1B petition is the employer’s petition. The time spent out of the U.S. doesn’t count toward the 6-year limit. So, the unused time is “banked” and can be used later to return – no matter what happens with the existing H1B petition. (06.Oct.2014)

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