oeilieo

Hello, I hope you can help me with my current dilemma. I am from Europe, in the US on an H1B. For personal reasons I need to be out of the country this coming year, a lot--this is ok with my US based employer. Is there a minimum number of days I need to be in the US to be within the rules of the visa? Do i need a permanent address, or can i crash with friends/use hotels when i come back for work? Thank you so much for reading! MK

ian-mstm

AFAIK, there is no restriction on the amount of time you can remain outside the USA. Also, the US doesn't care where you live so long as you continue working for your H-1B sponsor. If you're on unpaid leave during this time, that might not be allowed... I'm not 100% sure about that.

Ian

lisa67

My husband did a lot of international travel on his H1B....no problems!

mexibrit

I lived in Mexico for the best part of 5 years on my H1B. So no issues there.
Once you get a GC however the rules are completely different.

emartin

You can travel and keep the H-1B. You should keep careful records of your exact dates outside the US, because you can "recapture" that time later, i.e. add it to the end of your H-1B time. For example, if you are outside the US for 42 weeks during your 6 year H-1B period, you can extend for another 42 weeks. Evidence usually includes boarding passes, passport stamps, etc.

If your employer is not paying you while you are leave/travelling, that might cause a problem. Employers are required to pay a H-1B worker a "prevailing wage" per year. If your salary dips below that amount, it could be a problem for the employer. They need to address this with their immigration lawyer.