valid H1?


tejasP

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I am on H1-B with 9 years of stay already in USA and having approved I140 in EB2. Recently got 3 years extension till 2020 based on I140.

1, For family reasons If I go back to India in 2018 and stop working for US h1 sponsored employer, will my H1 till 2020 will be cancel once I am in India?

2, if somehow I continue working for US H1 sponsored employer from India, will my H1 till 2020 will be valid and I can reenter US in 2020?

3, Will approved I 140, is it possible to apply H1 extension while you are in India? If yes, what’s risk factors?

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1) it doesnt matter if its cancelled or not, if u r not working for same employer, that visa is no good.

2) yes it will be valid.

3) yes you can, it will be not an extension, but a cap-exempt h1b on basis of I140. No more risk than doing it from USA. it will depend on you h1b application. 

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Thanks Rohan.

For #2, If I work for H1 sponsored employer from India and get paid in India (Rs). as Indian employee, still my H1 valid till 2020 and I can reenter US prior 2020?

#4, while I am in India, will that affect my GC process in any ways, I am having approved 140 and waiting for priority date. Can I apply for EAD in case my date comes while I am in INDIA?

 

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If I work for US employer on H1 and go to India for around 3 months and continue working for US employer as remote from India and get paid by US employer in US normally. Will that be a problem?

Thanks for your response, while I am making an important decision for my career.

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You have to check with your Company's legal team as they will pay you in USD while you are not in country can actually create  tax issue for them & companies usually dont agree to setup you suggesting . Big companies usually pay the same money you getting in US in local currency if you working for them remotely for a long period.

 

 

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