Moving to canada temporarily what will happen to H1

[goodluck]

I will be moving to Canada with my husband on open work permit. My company is having an office in canada but company attorney is saying if I move to Canada and become canada employee with the same company, my H1b will become null.

I was under impression that I can come back anytime to US and continue working with same H1 as I have still time to expire my H1. But company manager is saying they need to file new H1 under next year cap.

 

Any suggestions or view if anybody know anything about it.

 

Thanks

[pontevecchio]

H1 status is irrelevant if you are not working here. If your 6 years of H1 status is not over you can claim the remainder by having the company file a H1 petition non cap fpr you in future.

[goodluck]

H1 status is irrelevant if you are not working here. If your 6 years of H1 status is not over you can claim the remainder by having the company file a H1 petition non cap fpr you in future.

Thanks!

Yeah I have completed only 1 year in H1. Will that cap needs to be filed within 1 year?

[goodluck]

H1 status is irrelevant if you are not working here. If your 6 years of H1 status is not over you can claim the remainder by having the company file a H1 petition non cap fpr you in future.

As you said, company can file H1 petition non cap and I got the approval, I will be going for stamping soon.

I have a question if there a rule that I have to enter US and date of joining with that company should be within 1yr of the date I left US last year?

 

Thanks in advance.