Working in Canada with a US H1B and visiting the US every 6 months to maintain the status.

[hydrizxcv]

I know we're not supposed to work outside the US on an H1B for extended periods of time (more than 180 days).

But if one works for 5 months outside the US (in my case Canada) and returns for 1 month and then goes outside the US for another 5 months by maintaining an H1B status while working in Canada would there be any problems during Green Card processing, H1B extension, etc? Has anyone faced this or know anyone who has done this?

 

[harirajmohan]

1. I know we're not supposed to work outside the US on an H1B for extended periods of time (more than 180 days).

2. But if one works for 5 months outside the US (in my case Canada) and returns for 1 month and then goes outside the US for another 5 months by maintaining an H1B status while working in Canada would there be any problems during Green Card processing, H1B extension, etc? Has anyone faced this or know anyone who has done this?

1. As there is no visa requirement to work in Canada, you can always work for any number of months as you wont be working in H1 status as its not US. If you assume that you cant work then there wont be any offshore. So we dont need any H1 requirement for offshore. So canada is offshore.
2. YOu can only maintain H1 status by reentering US once in 30 days. And you need to do it only when you dont have visa hence you can enter only when required if you have visa.

GC is nothing to do with all the activity you are doing. One doesnt even need to be inside US or maintain status in US for processing GC. Many get immigrant visa from outside and enter directly on GC hence GC doesnt have anything to do with your work or commute or maintaining status.

H1 extension: You should be inside US on the day file reaches USCIS. Usually extension of I94 is not an issue but rarely who knows hence commuters should get the H1 on premium before visa expires to avoid any issues.