PERM Processing


deviationz

Recommended Posts

Folks,

I am faced with an interesting situation that needs your legal opinion. I am currently working with Company A and my H1-B expires in December 2011. I have an approved I-140 with company A which will complete 6 months in June. Company A is going through financial difficulties and I am trying to be proactive.

Company B is trying to get me hired with long term position in the US. However, they require me to relocate to India for a minimum of 1 year to oversee projects there. They are willing to do my H1-B transfer and process the GC.

My questions are as follows:

1. My H1-B expires in mid-December 2011. It will be 6 months in mid-June after my I-140 approval. Should I transfer my H1-B and apply for renewal? Will I still be able to get a 3 year renewal based on approved I-140 with a different firm?

2. Can I start my PERM immediately? The company is willing to sponsor me for my GC.

3. Can I be in India during the PERM process? Or is it advisable to come back to the US and then start the PERM? I will be India for atleast 1 YEAR.

Do you forsee any other issues with my situation?

Link to comment

1. My H1-B expires in mid-December 2011. It will be 6 months in mid-June after my I-140 approval. Should I transfer my H1-B and apply for renewal? Will I still be able to get a 3 year renewal based on approved I-140 with a different firm?

Yes , if you leave for India before it expires, you can easily extend with an approved i-140 once you are ready to return , or with the existing if it is not revoked or the company is not insolvent. You don't have to be working for the petitioning employer...the application just needs to remain open

2. Can I start my PERM immediately? The company is willing to sponsor me for my GC.

Yes , Perm is for a future Job...You don't even have to work for the employer .

3. Can I be in India during the PERM process? Or is it advisable to come back to the US and then start the PERM? I will be India for at least 1 YEAR.

Yes

Do you foresee any other issues with my situation?

No but talk to a lawyer...

Link to comment

Folks,

I am in a pretty confused state now.

The company I am trying to work for is wanting me to go to India for a year to oversee projects. They are willing to transfer my H1 and extend it based on my approved I-140.

1. Can I work in India while on H1-B? I will still be on the US employers payroll and continue to pay taxes here.

2. Will I have to pay taxes in India?

3. What kind of complications can this have in the GC processing?

My attorney is telling me that once I leave the country, then my H1-B is no longer valid.

The company's attorney is telling me that as long as it can proved that it is only a temporary relocation and I continue to pay taxes in the US (legal status), then there should be no problem.

I appreciate your thoughts on this.

Link to comment

Archived

This topic is now archived and is closed to further replies.