Leaving the US on an H1B, after the latest 2020 suspension. Anything major I should worry about? [closed]

I'm currently on my first 3 years of H1B in the US, with the expiration date of Oct 31st in 2020. A month or so ago, my company applied for my H1B extension for another 3 years.

Due to family reasons, I plan on leaving the country in August and stay out until the extension is approved. My company allows me to work 100% remotely during that time so my job is unaffected.

I'm prepared to stay in Europe for however long it takes for the extension to be approved.

Are there any major issues of why I shouldn't do this? Anything that could affect my return to the US in a permanent-ish manner?

Best Answer

The simple answer is TALK TO YOUR EMPLOYERS LAWYERS immediately.

This is potentially a changing situation, but as it stands today if you leave the US as described you will NOT be able to re-enter the US until at least 2021, and likely several months into 2021 as you will need to arrange and attend an interview at a US consulate in your home country.

(Technically the wording of the Proclamation that stops you getting a new visa states that you are exempt due to being in the US on the date of the proclamation, however consulates are currently ignoring this fact and are not allowing H-1B interviews based on that exception)

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How long can I stay outside US on H-1B?

There is no limit to the amount of time that you can remain outside the US with your H-1B visa. The same for your spouse. Carl Shusterman (former INS Trial Attorney, 1976-82)...

Can I travel to India after H-1B approval?

You can travel to India while H1B extension is in progress and visa is still valid for re-entry. You will have to get the hard copy of your approved H1B's i797 and apply for an H1B visa at the US embassy before you can enter the USA with NEWLY approved H1B extended petition.

Can you leave the US and come back on a H-1B visa?

The approval notice must be sent to you abroad. You would also have to apply for a new H-1B visa stamp with a consulate or embassy before you can return to the U.S. After you have received the new H-1B extension approval notice, you may travel outside the U.S. once again.

What is the latest news on H-1B visa?

H-1B visa approvals surge to 97% in fiscal 2021 According to data released by the US Citizenship and Immigration Services (USCIS), the approval rate for H-1B visas in fiscal 2021 \u2014 from October 2020 to September this year \u2014 was 97.3%.

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