H1B 6th year-No Perm Applied.


suresh21

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I am in 6th year of my H1B and will end on 09/15/2014. I did not apply for PERM. I am wondering,if any of these options work:

 

1. Can I work for the same employer outside USA(like work from CANADA or INDIA).Of course, my employer has to agree to this but wondering,if this is an option in first place. I will be USA payroll but physically not present in usa.

 

2. If I leave usa on 09/20/2014, can my employer apply for h1b in April 2015,if approved I will come back to usa on 10/01/2015.  

 

Any advice appreciated.Thank you...

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I am in 6th year of my H1B and will end on 09/15/2014. I did not apply for PERM. I am wondering,if any of these options work:

 

1. Can I work for the same employer outside USA(like work from CANADA or INDIA).Of course, my employer has to agree to this but wondering,if this is an option in first place. I will be USA payroll but physically not present in usa.

 

2. If I leave usa on 09/20/2014, can my employer apply for h1b in April 2015,if approved I will come back to usa on 10/01/2015.  

 

Any advice appreciated.Thank you...

1. Yes.

2. Employer can file a cap subjection petition only after 365 days stay outside US. In your case employer can file on 09/20/2015 but ideally 1st April 2016.

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If you are outside the US, you are not on H1, by definition.

So, it is possible to work for the employer while abroad. The tax isues can be complicated, though.

To get a new H1, you would have to be outside the US for at least a year before a new H1 could be FILED. If you leave in Sept. 2014, a new H1 could be FILED in Sept. 2015. If the quota is full by then, a new H1 could be filed in April 2016.

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Thank you for the reply.  So, can I leave US in the month of March 2014.that way, can  I be eligible for April 2015 H1b quota?? I will have unused H1b time of 6 months in my first H1b term. any idea,if we can do this??

Yes, if you leave US in March 2014 you will be eligible for a fresh cap subject H1B petition in April 2015.

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