Long term assignment outside of USA while on H1B


SJstar

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Hi,

I am currently in US on an H1B visa with an approved i140. I am being sent to another country on a long term assignment.

1. Will there be any issues to my H1B visa if I live outside of USA for over 3 years?

2. Can I travel/visit USA with my current H1B.

3. Can my company apply for H1B extension while I am in another country?

4. Will there be any effect on my i140 status?

Thank you.

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1. Time you spent outside of US will not be counted for your H1B

2. For work purpose -> use H1b, for visiting-> use visitor visa. (If you don't have Job in US-can't use H1B to enter); If your employer keeps your H1B active and paying you LCA wages-> you can use it to enter US.

3. No, If you're actively not working IN SIDE US, your employer has no reason/extend you in US due to the fact that you will be working outside us on long term assignment. 

4. No, already approved I-140 will be unaffected. 

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Thank you for your response.

When I return to US after 3years post my assignment, the company could then apply for a H1B extension and I am able to enter US at that time with a H1B visa?

I currently own a house and was planning to rent it out for the 3 year period. Will there be issues for that? Because, I will not have a H1B visa and I may be visiting US with a B1/B2 visa during that time period.

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