Can I stay outside of US for 2 months?

[grogon]

Hi all, sorry for the long post. But I would really appreciate any info.

I have a question regarding how to maintain valid H-1B status during AOS. For some personal reasons, I have to be out of US for 2 months. I was wondering is there a way to keep the H1B status during this two months?

One possibility I can think of is to take a no pay vacation for 2 months. But I am not sure if the employer will let me do so. Even if that's okay for the employer, since I won't be working full time during the 2 months, will this be a violation to non-immigration regulations?

The other possibility is to find a new employer before leaving the country and make sure the offer won't start until 2 months later. But then if I already quit my current job before I leave, there is going to be a gap for my employment. Is there any other choices out there?

If I can use one of the methods mentioned above, is there going to be any problem in terms getting a visa stamp? Can I come back to US using a H-1B visa?

BTW, I do have my EAD and AP already. Thank you so much.

 

[TheRealCanadian]

For some personal reasons, I have to be out of US for 2 months. I was wondering is there a way to keep the H1B status during this two months?

You have no status unless you are inside the US. With that said, you can certainly go out of the US for two months and return, provided you will be employed by your H-1 employer upon your return.

Even if that's okay for the employer, since I won't be working full time during the 2 months, will this be a violation to non-immigration regulations?

You cannot violate US immigration law if you are not in the US.

 

[grogon]

You have no status unless you are inside the US. With that said, you can certainly go out of the US for two months and return, provided you will be employed by your H-1 employer upon your return.


You cannot violate US immigration law if you are not in the US.

Thank you so much for your reply, RealCanadian. Let me clarify what you said. So in senario 2, as long as my new employer petition my H1 transfer before I leave and promise me a position which starts two months later, I can come back on H1 and there is no effect on my AOS application. I understand I have to be in the US when the GC is approved. But I am sure it wouldn't happen for another ### of years. Is this what you meant? Thanks.