Q: Regarding long-term leave on H1B when outside the country and requirements of H1B transfer.
I’ve been on an H1B visa since October 2023. I traveled to my home country in March 2024 for my wedding and had my visa stamped in April. Then I planned to return right after my wedding in the second week of June. Unfortunately, a medical emergency required me to extend my leave, which my employer approved. However, they mentioned since you are on leave for an extended period, we can not assign any new project. and only 1-2 payrolls could be possible to run upon my return (have some outstanding PTOs from last year).
I’ve now recovered from surgery and am considering my options. I have a few questions:
- How long can I stay outside the USA on unpaid leave?
- Would you recommend finding a client or employer before returning, or should I return as soon as possible?
- Could limited payrolls (1 or 2) upon return cause issues during an H1B transfer?
- Is there anything specific I should do to secure a smooth port of entry, given my extended absence and medical situation?
A: Generally, there's no specific time limit for staying outside the U.S. on unpaid leave while on an H1B visa. However, returning to the U.S. as soon as possible is generally advisable. Limited payrolls might raise concerns during an H1B transfer. There are some steps you can take to facilitate a smooth port of entry but It's essential to consult with an immigration attorney for specific advice tailored to your circumstances.
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A:
You can stay outside the USA on unpaid leave for an extended period, but it's important to maintain your H1B status. If you're outside the country for too long without being on the payroll, it might raise concerns during a visa transfer or renewal. It's advisable to return to the USA and resume employment as soon as you're able, especially to avoid any complications with maintaining your status.
If you're considering an H1B transfer, limited payrolls might raise some questions, but they aren't necessarily a dealbreaker. What’s crucial is demonstrating that you are still employed and have maintained a valid H1B status.
To ensure a smooth port of entry, carry documentation that explains your extended absence, such as medical records and your employer's approval for extended leave. This will help you address any questions that might arise during the immigration process.
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