Can husband work in Home country while having a F2 visa

[SS15]

Hello. I am currently on a F1 visa. My husband is completing his 6 year term on H1B shortly and does not have a pending green card application. He is moving back to our home country to work. I would like to know if he wants to visit me for 2-4 weeks, a couple times a year whether we should apply for a F2 visa or B1/B2. He would like to remain employed to reapply for a H1B after 1 year away. What is our best option? 

[JoeF]

Time in the US as a short-term visitor is not counted towards the 1-year abroad requirement. So if he visits for 4 weeks, it is only possible to apply for an H1 1 year and 4 weeks after he originally left.

 

He doesn't have any status while abroad, so he can work for the US employer while abroad, but the tax situation can be complex, so both he and the company should consult with a CPA or tax lawyer who is knowledgeable about international issues.

[pontevecchio]

He should probably get a tourist visa.

[GcLLC]

Under what capacity will he be working for the US employer (from home country)? If working as an employee it becomes extremely complicated. As an independent contractor, could be an easier option based on the home country. 

[SS15]

Thanks JoeF. I appreciate your input. 

What if we decide to go with F2 visa so that he can stay here for a few months.

In this scenario, if my husband stays in the U.S. for 3-4 months on F2 (after visa stamping outside) and thereafter this stay leaves and resumes work outside the country, is there a way we can cancel his F2 or can he return for short visits then on a B1/B2?

We are ok if he can reapply for H1- 1 year 4 months later.