H1 application in process- Need to Leave country please help

[akashz]

My employer have filed for my H1 and awaiting decision. I am currently on F1 OPT and my OPT expires June 30th 2012 (I have used all my extensions). Due to some family emergency I need to go to India. My employer have allowed me to work from India but will pay me as Indian Package (decrease in Pkg) So If I go now, does my H1 application becomes void, since it is filed under COS from F1 to H1.

What are the consequences I have to face if I go to India. I am aware of the amendment that needs to be filed, If person changes his work location or pkg decreases. Does this amendment affects current H1 application? What is the impact during stamping?

[ImmiSpecialist]

Hello,

can u plz confirm when u r employer filed H1 to you..... when coming to work from India, if your client is acceptable for that there is no problem abt taxes and every thing.

when u visit India, while u r H1B is filed... there is no problem..but u have to go to stamping, @ that time there is a chances to get 221 G or rejection. make sure with u r employer whether he filed the petition with all documents like paysutbs, CL, EVC (is there) , W2's and all....

[pontevecchio]

If you leave now the COS will be void though the H1 petition could be approved based on merits. Hence you will need to get a H1 visa and come over at the appropriate time. He needs to intend to pay you the LCA wages once you are in H1 status. Before that he can even charge you for the privilege of working for him....Just kidding but true.

[wiweq]

"I am aware of the amendment that needs to be filed, If person changes his work location or pkg decreases."

=> No amendment is needed in H1b. If you are out of USA you are not covered by H1b regulations/ rights/ status.

You are correct, because your H1b is not approved and you are leaving USA when your H1b is in process, it may result in H1b approval but not the COS approval. This means your status won't change automatically from Oct 1st, and resulting I797 won't have I94 attached.

Best bet: Either get the H1b stamping and enter around Oct 1st on H1b. Second option; if you come back in USA in June end and your H1b is approved meanwhile, file COS starting from Oct 1st. Third option; leave USA in Sept go to Canada, Mexico get H1b stamping and enter in H1b visa.