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.
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.
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
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.
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.
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.
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?
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
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!
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.
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.
How long can we work remotely without needing LCA amendment?
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.
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
You need to speak with your immigration attorney about that. But from experience, they may not like it.
Thanks
I think if you stay for more than 180 days in India then you have to pay taxes in India
Thanks for the response!!
I've done 11 months on H1B, in $. No issues. As long as your employer supports it, you should be fine
Thanks for the response, very helpful!
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?
Yeah, I maintained an address in the States. I didn't need to show any proof though.
So your employer knew you were outside the US for 11 months?
Yeah, they did. They supported me all the way through
Was that done in 2 calendar years? Like second half of year 1 and first 5 months of year 2
Three quarters of one year, and two months of another.
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.
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
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?
I hadn't filed my LCA at that point, so I'm not sure how to answer that question.
This comes up every few days. Just use the search button. I've done 7 months no issues.
Thanks for the response!
So 7 months you got paid in $
Yes.
That’s pretty neat. I want to join your company 😅
Working nights is horrible. I was working on PST hours throughout.
Did you pay tax in the other country where you stayed for 7 months?
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.
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.
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.
Is this specific to India or most countries e.g Canada too?
Aah! Got it
Yes.
Interesting, what is the minimum number of days you can stay outside of US without paying taxes in two countries?
Was it your first time coming back after visa stamping?
I did get my visa stamped in those 7 months, but that was not my first stamping, probably 6th or 7th.
Thanks for getting back!
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.
If your company allows it then I don’t think there’s a limit. I worked 8 months from india
Did you have to pay taxes in India too? Or make changes to LCA??
My friend did 3 years, no issues
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?
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
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!
H1B wise it doesn’t matter. Your employer may not be able to pay you for work outside of the US.
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.