H1b Visiting to India

[expertguy4u]

Hi all,

I am on H1b and is schedule to go India on Vacation for 6 weeks.

Although I will not be technically working for my employer ( rather for client who pays my employer) , but my employer it seems would continue to run my payroll.

I have a question here :

1.What is the treatment given to the time period H1b candidate is out of US on vacation. Does my employer running my payroll means that my vacation days would also be counted as "stayed in US" working days and would reduce out of my 3year quota, Do I have a chance to extend my visa by the number of vacation days I was out.

2.What documentation I need to take/give from/to my employer that I am out on vacation and not working outside US.

Please make me understand this.

Thanks

[expertguy4u]

H1b Visiting India on Vacation

Hi all,

Is this a very complicated question I have asked >?? I think this is very common for all those who come on H1b. Please advise.

Thanks

[txh1b]

1. No. It is your vacation. You get paid as it is a benefit for you. You do not maintain a status once you leave the US and return the I-94.

2. Nothing. Even if you did work outside the US, you are NOT on H1b after you leave US.

[expertguy4u]

H1b Visiting to India

Thanks txh1b ,

Does this mean that i do not loose the vacation days out of my quota of 3-years , i can request for an extension for he same lateron when my quota date approaches.

[txh1b]

Yes, you can.