Staying in India for long periods on H1B. Will there be Issues?


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Hello,

I am on H1B extensions based on my I-140 approval. My visa (and I-797) expires October 2026. I have been staying in India since May 2023 and working from here. It's been over a year outside the US. My question is:

- Is there a limit on how long I can stay outside US on H1B?

- Will there be any issues, like visa or H1B I-797 approval getting canceled OR issues at the port of entry when I return back?

- Is there anything else I should know for my situation that I have not listed above? 

Thank you much appreciated for your time.

 

 

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1. H1 status only applies in the USA. Outside the USA, you are not in H1 status. You can stay in your home country however long you choose.

2. You will need the Visa, the H1 petition, and a recent job letter from your employer to return. No need to expect issues.

3. Tax implications and so get a CPA involved.

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22 hours ago, pontevecchio said:

1. H1 status only applies in the USA. Outside the USA, you are not in H1 status. You can stay in your home country however long you choose.

2. You will need the Visa, the H1 petition, and a recent job letter from your employer to return. No need to expect issues.

3. Tax implications and so get a CPA involved.

Thank you Pontevecchio. Much appreciated.

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