Legal Question in Immigration Law in Virginia

Re: Can I work for a US company from my native country

This is an interesting question. I never had a similar case before. However, I believe you would be losing H1-B status unless there are substantial ties to your present employment situation (i.e. a demonstrated, work-related need to deploy you abroad for extended stay). In order to petition for your current visa, your present employer has sworn to several attestations regarding your employment, including rate of pay, geographical area of employment, duties you wil be involved with, etc. There is unanimous jurisprudence that unjustified breaks in employment history will cause a beneficiary to lose status as a deviation from the Labor Condition Application which is part of your H1B petition.

Re: Can I work for a US company from my native country

There is no reason why you cannot continue working for the US company from home or anywhere they want. The only restrictions with regard to US law are with working inside the US. So nothing would restrict you from working in another country (if the other country's laws are not a problem).

The more difficult question is whether you will lose your H1B status. You would not lose your status by going home on "vacation." Your H1-B status gives you the right to work inside the US for a US company. So the main thing is whether you have a right to work inside the US. But if you actually leave the US and truly "go home" (not just on a short vacation) then YES I believe you WOULD lose your status because you would be abandoning the job you have here inside the US.

So your question depends on whether you are just going on a short vacation (even 1 month long) or whether you are totally leaving your job in the U.S. Also, be sure that you have travel papers to leave and return to the U.S. I do not understand that part of immigration law. You must make sure that you will have the right to re-enter on your visa. Is it multiple entry or a one-time entry visa?