H1B visa re-entry after 1 year outside US

Query: H1B Visa expiry Feb 24 2026. Planning to work out of US for 1 Year starting Nov 2024. When I come back in December 2025, couple of questions.

  1. Does the current H1B get invalidated, as the payroll was not processed in US for the Nov 2024 - Nov 2025 period?
  2. If so, do we need to apply for cap exempt H1B visa to enter US in Nov 2025?
  3. If current H1B is still valid, is it okay to apply for H1B Extension while working outside US?
  1. There is nothing called invalidating. If you are not in the US, then you wont be paid as your H1B status is not valid and it has no impact on your future H1B.
  2. You can apply for it anytime as cap exempt, if all of the time is not used.
  3. Yes, you can apply for it when you are outside.
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