Can we stay long in India during H1B visa without having any impact on my current H1B status and future I140 and GC processing

[Rajesh Valmiki]

I work directly to the US client and due to personal emergency I came to India on Sep 2021. And I have a approved H1B stamping and NIE approved but due to personal reasons I need to stay back in India for 8 more months.

My Visa Background: My initial H1B approved on Oct 2021 and I have moved to a different company and H1B transfer got approved on June 2021 and it is valid till May 2024. I have travelled to India on July 2021 and Visa stamping got approved on Sep 2021 and NIE got approved at the same time which is valid for a year.

1. Is it ok to say long in India without having any impact on my current Visa Status ?

2. Is there any impact when I apply for GC or I140 ?

3. Do I face any questions during immigration in US when I travel back to India after staying long in India.

Kindly do respond on my queries. 

[JoeF]

You by definition only have a status while in the US.

And you need to double-check your timeline. It doesn't make sense (initial H1 approved in Oct. 21 and a transfer in June 21...)

If you work for your US employer for an extended time from your home country you may have to pay taxes there.

When you return on the H1 it would be good to have a letter from the employer that the job still exists.

Edited October 7, 2021 by JoeF

[Rajesh Valmiki]

Hi JoeF, Thank you for your response. And thanks for letting me the corrections on the timelines. 

Updated timelines: My initial H1B approved on Oct 2020 and I have moved to a different company and H1B transfer got approved on June 2021 and it is valid till May 2024.