H1B Transfer after 2 Months India Vacation.

[RajaniRao]

Hi,

I am working on H1B and have all pay stubs from 2.4 years.

I will get pay stub in Nov also.

I am taking a break for my sick father in Dec and Jan and going to India.

My Dec and Jan paystub will be generated.

Dec/Jan pay stub will be of $0 as I don't have leaves.

In Feb, if I want to change the job by Feb 10, Can I change?

Transfer paystubs : Dec/Jan will be $0 but I am outside of country.

will this be fine? I can't start transfer now.

So, this fine or I should not visit India.
 

[amit_123]

"I am taking a break for my sick father in Dec and Jan and going to India" - IMO given your personal situation, you should visit India.

Your visa transfer should be fine. Worst case, USCIS may consider you out of status due to zero pay in Dec/Jan and the fact that you are no longer in country - however H1B transfer usually happens even if you are outside US as long as your haven't utilized the entire  6 years of your H1B (even though you haven't explicitly stated, I am assuming from your question above that you have been in US for 2.4 years)

Please do consult an immigration lawyer/expert as above is my personal opinion.

[JoeF]

A person who is not in the US can never be out of status, since by definition a person only has a status while in the US.

Just showing evidence that one has been abroad (boarding pass, entry stamp in passport, etc) is enough.