Common questions

How long can you stay outside the US on H1B?

How long can you stay outside the US on H1B?

The initial maximum period of validity is three years (sometimes less), and that is not changed or extended by any time spent outside the US. The clock keeps ticking on the three-year period even while you are abroad.

Can you stay outside US on H1B?

Simple answer is: Yes, H1-B holders can work remotely from a different location, including another country like India. The law permits moving H-1B employees anywhere within “Normal Commuting Distance” of an approved location mentioned within the LCA at the time of filing for the H1-B visa.

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Can H1B work remotely in USA?

You can work from home if your H1B petition has your home address listed as the ‘work location’ permanently. You can telecommute occasionally if the home address is not mentioned in the H1B application but your home falls in the same MSA (Metropolitan Statistical Area) as your office.

Can H1B work remotely from another state?

You can work remotely from home even if it is located in a different state than the H1B employer’s office. This holds true even if the employer’s head office is in another city/state with a different metropolitan statistical area (called MSA).

Can I stay in the US while H1B is pending?

If the H-1B petition is pending beyond October 1, you can remain in the U.S. based on the pending change of status petition. However, you must stop working until the H-1B petition is approved.

Can H1B work from home permanently?

Can you stay in the US while change of status pending?

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The application process for a Change of Status (COS) will allow you to remain in the US while the decision is pending, provided the application is filed in a timely manner with US Citizenship and Immigration Services (USCIS).

Can I travel outside US when H1B extension is pending?

You can travel outside the USA during pending H1B extension. Make sure you have an existing H1B visa that is valid on the date of your re-entry to avoid trouble. If your current H1B visa has already expired and you travel, you will NOT be able to enter the USA until your pending H1B extension is approved.

How long can a H1B visa holder stay outside the US?

After working for a solid six years, the H1B holder must remain outside of the US for a full year before being able to apply for another H1B for a fresh six years. When she does reapply, she will be subject to the cap.

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Can I reclaim unused time from a previous H1B job?

If you have had H1b status in the past and have unused time you would like to try to reclaim, it is in your interest to make every effort to get a cap-exempt petition filed on your behalf within 6 years of the day you left your prior H1b job.

What is the time limit for reclaiming unused unused time?

Cap-exempt petitions to reclaim unused time are only valid within 6 years of being “counted against the cap,” which USCIS seems to interpret to mean within 6 years of last being in the US in H1b status.

Can I transfer my H1B visa to another employer?

It’s common knowledge that a current H1B holder can transfer to another employer within the US during the six-year H1B period without being subject to the 65,000 general + 20,000 masters degree cap again.