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Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 4747
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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Based on the response previous question, I can see that if I

Customer Question

based on the response for my previous question , I can see that if I leave USA on H1b for my home country , I can avail the loss of pay for that duration. Does it have any restrictions on number of days I can avail? Also is there any documentation needed
from my end or from my employer? What happens to my USA payroll. I wanted to know how the process works.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Jen Marie, Esq. replied 1 year ago.

Hello, my name is ***** ***** I will be the attorney helping you.

There is not an exact number of days written in the law. A person on H1B visa can remain outside the US for any length of time and return to work at will IF it is during the validity period of the I-797 and the H1B visa stamp that you have. However, the average number of vacation days in the US at one time is 2-4 weeks. More than 2 weeks would usually be unpaid. It is not normal to take much more than that. There is no exact documentation needed but it is helpful to get a letter from employer stating that you are on vacation with dates to show upon you re-entry and that your position is still open, in case you are asked. Also it is good to always have complete copy of H1B filing and copies of payroll records up to time you lealve the US to show you maintained status while in US.

Good luck to you during this process and I hope this answer has helped you!

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