H1B validity outside US

[dbjpr]

I started working on H1B since June 2011, In Feb 2012 I went to India to complete my PHD, I’m planning to return in Dec 2012. I’ve following questions:

1) How long can I stay outside US without working and maintianing H1B with same company? Are there any legal repercussion?

2) It is more than 9 months I’m out of work and US, Is my H1B still valid?

3) Am I out of status since I’m out of work and US since last 9 months?

4) What are the options available to return if my company layoff because I’m out of work and US ?

5) I don’t have latest pay stubs since I’m of out of work, can some other company transfer my H1B without pay stubs? I’ve valid Visa till March 2014.

Thanks in advance for all your help.

[rahul412]

I started working on H1B since June 2011, In Feb 2012 I went to India to complete my PHD, I’m planning to return in Dec 2012. I’ve following questions:

H1B visa is for foreigner to enter into US for work. When you are out of US, H1 doesn't come into picture.

In your case, if your employer still has a job for you. You can enter into US with your valid H1 visa.

[pontevecchio]

1. H1 status is immaterial AND INAPPLICABLE if you are out of the country.

2. SEE 1.

3. SEE 1.

4. if YOU ARE LAID OFF YOU ARE LAID OFF.

5 The word transfer is meaningless. You can find a new H1 sponsor to file and get the H1 petition approved and then you can come over on the existing visa to work for the new company. How in tarnation would stubs matter when you were not here? Whay does the previous company suggest? You did talk to them?

[dbjpr]

H1B visa is for foreigner to enter into US for work. When you are out of US, H1 doesn't come into picture.

In your case, if your employer still has a job for you. You can enter into US with your valid H1 visa.

Rahul,

Thanks for your reply.

I told same thing to my employer but my employer think differently according to my employer I'm out of Work and US so my visa is no longer valid and it might have some legal implications.

[dbjpr]

1. H1 status is immaterial AND INAPPLICABLE if you are out of the country. 2. SEE 1. 3. SEE 1. 4. if YOU ARE LAID OFF YOU ARE LAID OFF. 5 The word transfer is meaningless. You can find a new H1 sponsor to file and get the H1 petition approved and then you can come over on the existing visa to work for the new company. How in tarnation would stubs matter when you were not here? Whay does the previous company suggest? You did talk to them?

Thanks for answering my questions.

I found new employer but they will initiate only when I provide latest pay stubs, unfortunately I don't have latest pay stubs so I'm stuck.

[rahul412]

Rahul,

Thanks for your reply.

I told same thing to my employer but my employer think differently according to my employer I'm out of Work and US so my visa is no longer valid and it might have some legal implications.

Tell him to hire an attorney.