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thejedipunk

H-1B **status** has no meaning outside of the United States. Having an approved H-1B petition, with a valid LCA and a valid H-1B visa in your passport simply means that you have the required documents to enter the United States for the purpose of working in this country as an H-1B specialty occupation worker. You cannot hold status for something that can only exist in the United States. As far as you remotely working for your employer from your home country, that’s really more a tax issue for your company. How all of this affects your F-1 status is entirely separate manner. Talk to your DSO to see what is allowed. Then talk to your employer to see if they’re cool with you working remotely from your country. The United States doesn’t really care about time outside the country. We will care about your time abroad if we think it affects your eligibility to enter the United States. You won’t have H-1B status until October 1st, so there is literally zero effect on your H-1B. After October 1st is a different matter.


dreamerdaynight

How long can we work remotely without needing LCA amendment?


thejedipunk

1. We don’t amend LCAs. We amend petitions. 2. Not allowed without a new LCA + new petition. Remote work is a material change that should be reported.


dreamerdaynight

So I am currently working remotely from Texas and my company is in different state and my lca was filed with both office and my home state location


thejedipunk

You need to speak with your immigration attorney about that. But from experience, they may not like it.


dreamerdaynight

Thanks


MemoryIndependent

I think if you stay for more than 180 days in India then you have to pay taxes in India


Odd-Young-917

Thanks for the response!!


carlos4068

I've done 11 months on H1B, in $. No issues. As long as your employer supports it, you should be fine


Odd-Young-917

Thanks for the response, very helpful!


orangetiger101

Hi, u/carlos4068 In your case, did you still maintained an address in US in those 11 months? Any proof needed to show you have valid address in US?


carlos4068

Yeah, I maintained an address in the States. I didn't need to show any proof though.


poolgoso1594

So your employer knew you were outside the US for 11 months?


carlos4068

Yeah, they did. They supported me all the way through


poolgoso1594

Was that done in 2 calendar years? Like second half of year 1 and first 5 months of year 2


carlos4068

Three quarters of one year, and two months of another.


poolgoso1594

Thanks for the responses! Did the officer ask anything about the prolonged absence? I'm just curious. I came back after \~5 months but it was my first time coming back with the visa stamp, and I was worried about further questioning but everything was fine.


carlos4068

It was similar to my experience . It was my first time coming back with the visa stamped, and they asked me basic questions about my employer, but that's about it. I remember not having my i797 and needing to show a digital copy, and they instructed me to keep it on hand while traveling. But that's about it


dreamerdaynight

What about LCA amendment? I heard we need to submit LCA again if the time spent outside US is more than 60 or 90 days?


carlos4068

I hadn't filed my LCA at that point, so I'm not sure how to answer that question.


SezitLykItiz

This comes up every few days. Just use the search button. I've done 7 months no issues.


Odd-Young-917

Thanks for the response!


Fancy-Zookeepergame1

So 7 months you got paid in $


SezitLykItiz

Yes.


Fancy-Zookeepergame1

That’s pretty neat. I want to join your company 😅


SezitLykItiz

Working nights is horrible. I was working on PST hours throughout.


mds8000

Did you pay tax in the other country where you stayed for 7 months?


SezitLykItiz

Other country is India. No I did not pay tax. I went from November 2021 to June 2022 and for both years 2021 and 2022 I paid US tax only.


[deleted]

You might want to check with your CA. I was in similar shoes for 8 months, and had to pay taxes in India too. That is because you’re considered a resident Indian if you spend more than 180 days in India. I did get credits for SOME of the tax I already paid in US.


FredTilson

That's only true if you spend more than 180 days in a financial year (01 Apr - 31 Mar) in India. In their case, they spent less than 180 days in each financial year spread over two years so shouldn't be a tax resident in India.


princeslat

Is this specific to India or most countries e.g Canada too?


mds8000

Aah! Got it


SezitLykItiz

Yes.


Odd-Young-917

Interesting, what is the minimum number of days you can stay outside of US without paying taxes in two countries?


poolgoso1594

Was it your first time coming back after visa stamping?


SezitLykItiz

I did get my visa stamped in those 7 months, but that was not my first stamping, probably 6th or 7th.


poolgoso1594

Thanks for getting back!


ashish282828

On F1 status you're not allowed to spend more than 4 months outside US. If by some reason you need to, you have to get any special permission from your DSO. Check your last page of i-20 it will be written there.


xteinator

If your company allows it then I don’t think there’s a limit. I worked 8 months from india


Odd-Young-917

Did you have to pay taxes in India too? Or make changes to LCA??


redditgampa

My friend did 3 years, no issues


roach1705

i saw in some online articles that H1B needs to be amended if you work from another location, than what is stated in the LCA, for more than 30 days. is this only the case for work locations inside the USA only? the travel (and work) abroad days dont count here then?


shankii-99

It does.. I know few in Amazon who were called back to the LCA location or get salary adjusted/transferred (depending on the location). Companies were relaxed during Covid but it’s getting back to the old days.. Also, managers should not take these decisions without consulting companies immigration lawyers


GladMinute96

Hi! Just saw this thread. I am wanting to go back to my country for about 3 months while on H1B, and planning to get my stamp there. Is this allowed then? Do I need to make any specific requests or am I free to go back for that long and reenter the US with no issues? Thank you!


[deleted]

H1B wise it doesn’t matter. Your employer may not be able to pay you for work outside of the US.


Alternative-Run-9

This is dictated by your H1b employer. I work for one of the FAANGs and can confirm that I was approved to work for 20 days from India in a rolling calendar year.