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Traveling Outside the US for extended periods on H1B and then returning

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  • Traveling Outside the US for extended periods on H1B and then returning

    Hi! I am working in NYC as an H1B employee. I am working remotely from home now and after more countries achieve vaccination, I would love to travel around the world for some time and continue working remotely for my current employer (while technically still being employed in the US and getting paid in USD to my US bank account) before returning to the US to work for the same employer in-person using my H1B visa.

    For instance, in my dream scenario, I would leave the US, spend a month working remotely for my current employer in the US from Amsterdam, then a month in Tokyo, Sidney, and so on, for 18-24 months but all the while I would be my company’s US employee working remotely and earning in USD to my Chase bank account in the US. And then upon return I would recapture the time spent outside the US to my H1B duration.

    I have some questions. Would this be possible? Will I face issues when I try to re-enter the US? How long can I remain outside the US like this continuously before I have to return to the US? Will my employer have to file an LCA change or international assignment or some other paperwork like that? As a non-US citizen who is an H1B employee do I need to maintain some kind of substantial presence in the US, to be kept on as an employee in the US and earn in USD to my US bank account, and for my H1B visa to continue to remain valid? Would I just be taxed as a non-resident alien instead of a resident alien? Do you see any potential issues I might face? Ideally, I would like to spend 1-2 years traveling around the world while continuing to work remotely and then re-enter the US using my H1B to work for the same employer.

    Please help me achieve my dreams. I would really appreciate your thoughts and advice.



  • #2
    Hi,
    Please see my response below.
    Would this be possible?
    Answer: Yes.. This is possible.
    Will I face issues when I try to re-enter the US?
    Answer: I dont really think so, you will have any issues while you return back to country.
    How long can I remain outside the US like this continuously before I have to return to the US?
    Answer: There is no such durations we can say on this. But, Its better, if you back to country before your visa and H1B approval expires.
    Will my employer have to file an LCA change or international assignment or some other paperwork like that?
    Answer: Need to check with Immigration Attorney.
    As a non-US citizen who is an H1B employee do I need to maintain some kind of substantial presence in the US, to be kept on as an employee in the US and earn in USD to my US bank account, and for my H1B visa to continue to remain valid?
    Answer: If you are outside of country then your H1B status will be stopped.. And when you back to country it will resume again.
    Would I just be taxed as a non-resident alien instead of a resident alien?
    Answer: Better to check with CPA.
    Do you see any potential issues I might face? Ideally, I would like to spend 1-2 years traveling around the world while continuing to work remotely and then re-enter the US using my H1B to work for the same employer.
    Answer: There is no big issues I found on this..
    Thanks

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