Is there a limit for holidays on H1B?

[mackr]

Is there a specific limit for the no.of days you can spend outside the U.S (for holiday) when you are on H1B?

 

While on F1-OPT, my friend got H1B approval in 2012 Oct. She was working continuoulsy since then.

 

 In January 2014, she went to India (her homecountry) taking 7 months holiday, planning to return back in Aug 2014. (She got her Phd from the U.S in 2011 and was working in her university since then. She took the holiday break for 2 semesters-January to July)  

 

She went for visa stamping in India in July 2014 so that she can go back in August 2014. 

Then the embassy told that she was not allowed to stay on holiday for more than 30 days or something. She was unaware of such a rule (if any). the lawyers of her university had not given such an info when she left the US. The embassy kept her file pending. she still has not recieved any info from them . The online status shows 'processing'. She is quite tensed.  Is it likely that she get a rejection? What was the wrong from her part? (Her employer had allowed her for 2 semester-7 month- vacation) What should she have done to avoid the current situation?

[rahul412]

If you are on vacation on H1 then you need to get paid during that period of time. If not she will be considered out of status.

In this case she was out of US, that means she is NOT on H1 when she is OUTSIDE the US.

[pontevecchio]

No 30 day rule. Have her talk to

 

1. The university

 

2. The firm of Murthy in Chennai.

[batman]

If you are on vacation on H1 then you need to get paid during that period of time. If not she will be considered out of status.

In this case she was out of US, that means she is NOT on H1 when she is OUTSIDE the US.

I guess if she is outside US and in vacation, then there is no need to get paid. Please correct me if I am wrong.

[rahul412]

I guess if she is outside US and in vacation, then there is no need to get paid. Please correct me if I am wrong.

If a person is on vacation then he has to get paid. If he is outside the US then he is no longer on H1 so no need to get paid.