Take a break in India while on H1B visa

[sreechandra]

Hello,

I am on H1B Visa. I want to take a break for at least 4 months. Is there a limit on how many months/days I can stay out of USA. It was 5 months in case of F1 Visa. What about H1B visa? Is it a good idea if I get a work-remote job opportunity and I work from India?

Thanks,

Sree Chandra

[pontevecchio]

You can go away as long as you like. Working from home would be based on the laws of your country and the H1 is not really in the picture.

[GC2k6PD]

I'm in similar situation. I was working on H1b and had to return to India for family emergency. I need to stay in India for couple of months. If I work from home for 2-3 months while in India for my H1b employer and he runs the payroll, does it violate my H1b or LCA conditions? I'm planning to return to US after re-stamping H1b.

[pontevecchio]

" 2-3 months while in India for my H1b employer and he runs the payroll, does it violate my H1b or LCA conditions?"

Subject to tax implications what you do in another country is immaterial to the H1.

[vvhk]

I'm in similar situation. I was working on H1b and had to return to India for family emergency. I need to stay in India for couple of months. If I work from home for 2-3 months while in India for my H1b employer and he runs the payroll, does it violate my H1b or LCA conditions? I'm planning to return to US after re-stamping H1b.

H1-B and LCA come into picture only when you are physically present in the US. What you do outside US is not a concern for USCIS, Border Security or any government agency. If you have it worked out with your employer and you are complying with tax laws in both countries, you are good to go.

[GC2k6PD]

Thanks for replying. Take a look at this thread -

http://*****************.html

Since the employee is no longer physically at the worksite mentioned in LCA, will this not cause a problem if employer runs payroll for the H1B employee? Even though, my employer is not revoking H1b, going to maintain my desk as well as other computer hardware as I'm expected to go back to same worksite after the break.

[jay25oct]

Hello,

I am on H1B Visa. I want to take a break for at least 4 months. Is there a limit on how many months/days I can stay out of USA. It was 5 months in case of F1 Visa. What about H1B visa? Is it a good idea if I get a work-remote job opportunity and I work from India?

Thanks,

Sree Chandra

just curious what happened in your case while u was questioned at Port of entry? i am in same condition. planning to stay 4 months in india..