H1B empployer sent me back to

[jmp.bharat]

Hi.

Background:

I came (with wife and daughter) on H1B, 5 months back to work for employer's client.

Because the project got terminated last month, my employer has sent me back to my home country to work from their off shore office on another project till they find another USA project for me on H1B.

My wife and daughter temporarily still staying in USA with their relative for now (for financial reason of travel)

Questions:

Q1. What is the maximum time gap for which I can be off shore(?) & then come back to USA to work for the same employer on the same H1B?

Does H1B even stay valid if I come back from USA to my home country?

Q2. While I am in home country in between H1B based assignments, are my wife & daughter eligible to stay in USA?

Thanks

best regards

[wiweq]

Q1. What is the maximum time gap for which I can be off shore(?) & then come back to USA to work for the same employer on the same H1B?

Does H1B even stay valid if I come back from USA to my home country?

=> H1b dependents have legal H4 status only when the supportive H1b in is USA or outside of USA for a brief duration. Only USCIS know the exact definition of the brief duration. I would suggest, if you are outside of USA for more than 1 month, consider your dependents out of status.

Q2. While I am in home country in between H1B based assignments, are my wife & daughter eligible to stay in USA?

=> When you are outside of USA, you are not on H1b status and not eligible for any related benefits. No H1b status leaves the H4s out of status except travel for brief duration. Just keep in mind the above answer while travelling on H1b.

[JoeF]

Hi.

Background:

I came (with wife and daughter) on H1B, 5 months back to work for employer's client.

Because the project got terminated last month, my employer has sent me back to my home country to work from their off shore office on another project till they find another USA project for me on H1B.

My wife and daughter temporarily still staying in USA with their relative for now (for financial reason of travel)

Questions:

Q1. What is the maximum time gap for which I can be off shore(?) & then come back to USA to work for the same employer on the same H1B?

Does H1B even stay valid if I come back from USA to my home country?

Q2. While I am in home country in between H1B based assignments, are my wife & daughter eligible to stay in USA?

You are not in H1 status, by definition, since you are outside the US.

While it is ok to travel abroad for vacation and have the dependents in the US, it is not ok if you work outside the US.

Your dependents need to leave the country.

[nda050325]

Has your company retained the health insurance plans for your wife and daughter? Chances are they may not be having health insurance coverage now, which is a huge risk.

[jmp.bharat]

Hi all.

Thanks for insight. It seems that I will need to decide in a few days.

For insurance: yes I have purchased them insurance already, since my employer has not retained the health insurance for them.

What if employerB looks to file H1 for me?

I imagine a fresh H1B will be safer option since there is a 2 paystub gap. But probably it means I must get my family back in my home country? Further it may risk the denial of approval?

On other hand for H1B "transfer" (even if I secure the new project with new employer), I must be present in USA at the time of filing if I understand correctly. In this case if you are indicating my H1B is not in status, then I can not even re-enter in USA for filing thr H1B transfer?

Do I have any option other than mercy of my current H1B holding employer?

Thanks