Can dependents stay in US while Primary H1B out of US

[panantha]

Both the Primary H1B(Visa stamped) and dependents have valid visa approval till April 2013.

However the primary has to travel to different country - UK, for 2 months for the same project implementation there also. Note I still work with the same company, which is a MNC.

Questions:

1) While I'm out can my dependents stay in US ?

2) Since I have moved to UK, officially my pay stub would be generated from my UK branch of my company as work from there. any issue?

3) And I have the intend to return back to US,as its for the short deputation

[t75]

I see an issue since you are an employee of the UK branch of the company. You need to discuss this with your employers attorney as it may not be necessary to transfer to UK branch for a short term assignment. While you are there on a work visa, your H-1B is not in effect and your dependents are only in status based on your valid H-1B.

See the attorney immediately!!!!!

[pontevecchio]

There would seem to be no issues involved. Talk to your HR about it.

[t75]

The problem is that he is being paid by the UK division - not the US. He would likely have a work visa for the UK during this time period. If it were a short assignment much like a US B-1, there would be no reason for payment from the UK division.

For even longer than the period involved, it is possible for a US employee to work in the UK and be paid in the US. Depending on the circumstances, UK taxes are paid but the employee remains part of the US operations.

There may be more to the arrangement than he is aware of that is why he NEEDS TO SPEAK WITH THE COMPANY'S ATTORNEY. While he would likely be readmitted to the US, failure to properly document everything may come into play in the event he is sponsored for a GC and his and his dependents travel history is scrutinized.

Better follow-up and make sure everything is in order rather than try to fix it after the fact.

[panantha]

Hi T75, would be fine if compnay generated dual payroll both in US as well in UK. if so that an issue, please advise ?

[t75]

You need to speak with your company's attorney and HR department.

However, my family member's experience ( a USC) while working for a MNC headquartered in the US stationed abroad is paid in the US and pays both US and foreign taxes. I compare his experience to being a L-1. I read the paperwork regarding it but do not recall the details. Your situation is not unusual so there should be options that likely depend on your company's specifics. If your company has not involved an attorney, I question the quality of the company.

[panantha]

Yes, I will consult with company immigration Dept and HR, will take lawful steps only.Thanks