Questions regarding re-entering US after 6 years of H1-B

[gforgemini]

Hi,

 

My 6 years of H1B will end on last week of september 2014 and my employer has not filed my GC yet. My employer is giving me options of leaving the country for an year and come back to US with fresh H1B visa. I have some questions regarding my issue.

 

1. Can I work and get paid with same employer when I am outside US?

 

2. I got my H1B under US masters quota. So, If I apply fresh H1B, will it be under general quota or US masters quota or any separate quota for working with same employer?

 

3. For this kind of situations, getting fresh H1B will be difficult to obtain?

 

Please let me know.

 

 

 

[jairichi]

Hi,

 

My 6 years of H1B will end on last week of september 2014 and my employer has not filed my GC yet. My employer is giving me options of leaving the country for an year and come back to US with fresh H1B visa. I have some questions regarding my issue.

 

1. Can I work and get paid with same employer when I am outside US?

 

2. I got my H1B under US masters quota. So, If I apply fresh H1B, will it be under general quota or US masters quota or any separate quota for working with same employer?

 

3. For this kind of situations, getting fresh H1B will be difficult to obtain?

 

Please let me know.

1. Yes, absolutely.

2. Master's quota.

3. It will be processed by USCIS like any other H1B petition.

[gforgemini]

Thanks much for your replies. But, I was looking at murthy's forum during 2011 and got answer for one of my similar question below;

 

- Can I still continue to be on US pay roll being located outside of US?
* No, its illegal/fraud. It may impact on your next H1B or GC.

 

It was answered that time that the person cannot be on US payroll and so cannot work when outside US. Please advice whether I can work with the same employer even being outside US for this one year period?

 

One more question is do I have to go to my home country (India) or any other country for one year for being physically located outside US? I have Canada PR Card. So, Can I go to Canada during this one year and get H1B stamping in Canada after completing one year and come to US directly from there?

 

Thanks in advance.

[jairichi]

Thanks much for your replies. But, I was looking at murthy's forum during 2011 and got answer for one of my similar question below;

 

- Can I still continue to be on US pay roll being located outside of US?

* No, its illegal/fraud. It may impact on your next H1B or GC.

 

It was answered that time that the person cannot be on US payroll and so cannot work when outside US. Please advice whether I can work with the same employer even being outside US for this one year period?

 

One more question is do I have to go to my home country (India) or any other country for one year for being physically located outside US? I have Canada PR Card. So, Can I go to Canada during this one year and get H1B stamping in Canada after completing one year and come to US directly from there?

 

Thanks in advance.

It is legal to be under US company payroll when you work for that employer outside US.The only issue you will have is probably you might owe US tax and resident tax in the country you live. You need to check this with a tax professional. You just need to be outside US for 365 days and it doesn't matter whether it is your home country or any other country.