rogerb2 Posted July 23, 2011 Report Share Posted July 23, 2011 My H1b expires in feb 2012 and my company may not be able to get my labor or I-140 approved on time to extend my H1B. Company is trying to place me outside of US for 1 year and bring me back on fresh H1b. Here are my qn's - During the 1 year outside of US team can I enter US on business or tourist visa? Will that reset my 365 day outside of US timeline? - Can I apply for fresh H1B visa before the 365 days is completed so that paperwork is completed for reentry/start date on fresh H1B after 365 days? - Can I still continue to be on US pay roll being located outside of US? thanks in advance for the advise Link to comment
t75 Posted July 25, 2011 Report Share Posted July 25, 2011 You should ask your employer for an in person meeting with the attorney handling you case to go over all of your questions. There are other issues you are likely going to want to consider before agreeing to doing what you propose. In a case such as yours, a responsible employer would want you to be fully informed and to be aware of the timings of the services that need to be provided to you. This is of special concern because you will need to go through the quota again in order to get a new H1B term. Link to comment
aagar2003 Posted September 19, 2011 Report Share Posted September 19, 2011 Can somebody please reply to the original post? I am in the same boat. I am seeking answers to the three specific questions that person had asked. Link to comment
SameerH1Bworker Posted September 20, 2011 Report Share Posted September 20, 2011 - During the 1 year outside of US team can I enter US on business or tourist visa? Will that reset my 365 day outside of US timeline? * No, you should be physically outside of US. Should not be in US on other visa even. - Can I apply for fresh H1B visa before the 365 days is completed so that paperwork is completed for reentry/start date on fresh H1B after 365 days? * You may want to ask your attorney. - Can I still continue to be on US pay roll being located outside of US? * No, its illegal/fraud. It may impact on your next H1B or GC. Link to comment
aagar2003 Posted November 6, 2011 Report Share Posted November 6, 2011 - During the 1 year outside of US team can I enter US on business or tourist visa? Will that reset my 365 day outside of US timeline? * No, you should be physically outside of US. Should not be in US on other visa even. This answer is wrong. I can be on business visa and duration of 365 days would get extended by the number of days I am in US on Business Visa... I don't think SameerH1Bworker has correct information..... Link to comment
noauditplz Posted November 8, 2011 Report Share Posted November 8, 2011 Please verify if your employer can apply for labor by Feb 2012 and the third option in the url http://www.murthy.com/news/n_lc6th.html may apply to your situation. third option directly came from murthys website. it is always better to contact your company attorney in this situation. Link to comment
noauditplz Posted November 8, 2011 Report Share Posted November 8, 2011 verify if third option applies to your situation below is the url in text format www(dot)murthy(dot)com/news.n_lc6th(dot)html Link to comment
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