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I have been outside the US for more than 90 days now and out of payroll from May 27 (but an active employee). Here’s a summary:

  • Jan 10 - last day worked in the US. I had to fly to India due to family health emergency 
  • Federal FMLA - Jan 13 to March 25 (100% pay)
  • State FMLA - Jan 13 to March 25 (100% pay)
  • Approved Absence (APA) - March 26 to April 8 (100% pay)
  • H1 was valid until 25 Feb, 2020
  • H1 approval (consular processing) – Received in March
  • Received 797 physical document in April
  • DS 160 filed in April
  • PTO - April 9 to May 26 (100% pay)
  • Unpaid LOA - May 27 to present

Questions:

  1. Any H1 policy issues wrt being out of country or there might be relaxations due to COVID?
  2. Would this require me to redo DS-160 before visa (drop-box/appointment) or I am fine for now based on the timeline above?
  3. In the event that consulates remain shut and I join our India firm location/India payroll then would I need to re-do DS-160 because certain entries might need an update for e.g. Present Employer Address, Monthly Income, Start Date, etc. Please confirm.

Thanks all!

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You are not on H1 when you are out of US. No limit on how long you can be out of the country while on H1.

2. No

3. Yes

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On 6/11/2020 at 10:15 AM, User099 said:

You are not on H1 when you are out of US. No limit on how long you can be out of the country while on H1.

2. No

3. Yes

For #3 - Won't the new DS-160 info conflict with the info I had put in while my firm filed for my petition? It could confuse the consulate personnel, no? Our India offices fall under the same legal entity as the US btw. Under the same name. Please advise. Thanks!

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23 hours ago, curiousness said:

For #3 - Won't the new DS-160 info conflict with the info I had put in while my firm filed for my petition? It could confuse the consulate personnel, no? Our India offices fall under the same legal entity as the US btw. Under the same name. Please advise. Thanks!

The company which filed your petition will be in a different spot and the current company, current work location and salary will be in a different section of DS160. 

If your payroll is being run by the India office then you will have to update DS 160. 

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