The Journey / Leaving or staying
Leaving the US, or moving elsewhere
Some people decide the wait isn't worth it. What you keep if you leave (401(k), Social Security credits), and the common alternatives people consider.
Staying isn’t the only way to succeed. Every year some H-1B families decide to move home or to another country. It’s a real choice, not a failure.
What you keep
- 401(k) and IRA savings. They stay yours. Leaving the money invested usually avoids the 10% early-withdrawal penalty and income tax that apply if you cash out before 59½. Check how your new country taxes US retirement accounts.
- Social Security credits. You need 40 credits (about 10 years of work) for a US retirement benefit. The US has totalization agreements with some countries, such as Canada, the UK, Japan and much of Europe, that can combine credits. India and China do not have such agreements with the US as of this writing.
- Your priority date? Only while you keep the case alive. Some people continue a case from abroad through consular processing, which requires a job offer that is still real.
Where people go
- Canada: the Express Entry points system rewards skilled work experience and language ability; US experience counts.
- UK and Europe: skilled-worker routes usually need a job offer first.
- Home: growing tech sectors in India and China draw back many returnees with US experience.
Questions to ask yourselves
- How long is our realistic wait? Our Visa Bulletin tracker shows where the queue stands.
- What would each of us, including the children, gain and lose?
- Could we come back later, for example on an L-1 or O-1?
A “stay or go” decision tool is coming to our trackers.
The good
- Your 401(k) money is yours and can stay invested in the US
- Social Security agreements with some countries can combine your credits
- US work experience is valuable almost everywhere
The hard
- Leaving can mean giving up a priority date you waited years for
- Children who grew up in the US may find the move hardest
- Other countries' immigration systems have their own delays
Sources
- Social Security Administration: International Programs (totalization agreements)
- IRS: Retirement plans and nonresident aliens
- Government of Canada: Express Entry
- GOV.UK: Skilled Worker visa
Rules change often. If something here looks out of date, it probably is; check the official source and talk to an immigration attorney about your own case.