I am working on H1B and my employer has agreed for me to work from India for a few months, due to family reasons. I read online that there is a limit to how long an H1B worker may remain abroad. Is this true?

Answer

We have heard a few similar accounts. But, no, there is no limit to the amount of time an H1B worker may remain outside the U.S. and an LCA is not required for employment by a U.S. company of a foreign national who is located outside of the U.S. In fact, it is legally impossible for an LCA or H1B petition to be filed for a work location that is outside the United States.

That being said, anyone returning from an extended trip abroad should be prepared to present evidence that the H1B job is still available. We typically recommend the individual carry an updated letter from the employer, verifying the basic details of the position. (09.Jul.2025)

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