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work2live123

Eligibility to take leave on H1B to stay in India

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Got my visa stamped in feb 2019 when I worked for client A. Moved to client B in June 2019, now I have family emergency for my mom need to travel to india immediately .

questions

1. Do I need to go visa stamping?

2. Do I need to carry  client letter from client B and other docs ? - will be asked in port of entry? 

3. I may need to stay longer in india for post surgery care for my mom

how many days can I be on leave(without paycheck) out of country  on H1B ? 

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If you are outside the US you are by definition not in any status. So you can stay abroad for as long as you wish. To return on H1 you may need to have a letter from the employer that the job still exists.

You obviously need a new visa if your current visa is expired.

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1. Do I need to go visa stamping?  - If your visa expired you need stamping else you just need old valid visa stamped in passport with new Moved to client B in June 2019 H1b approved amendment notice.

2 Do I need to carry  client letter from client B and other docs ? - will be asked in port of entry?  - Better to caary. You need H1B amendment approval notice.

3. I may need to stay longer in india for post surgery care for my mom how many days can I be on leave(without paycheck) out of country  on H1B ?  - As long as you wish. But you must return to USA with valid approved H1B and visa stamping.

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one of my friend was out of country for 6 months(no remote work ,no pay) who went for family emergency and came back and continued to work with other client .His employer did not cancel his h1b.

you should discuss with your employer and see if they can allow longer vacation as it is  family emergency .

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