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-   -   Long-term international assignment on H-1B (https://immigrationvoice.org/forum/forum106-non-immigrant-visa/604932-long-term-international-assignment-on-h-1b.html)

quadric 09-21-2009 06:37 PM

Long-term international assignment on H-1B
 
I have both an I-140 Approval Notice and a H-1B which expires Apr, 2011. I'm needed by my US employer to go on a long-term assignment abroad (outside of the US).

Is this allowed on a H-1B? I'll still be on the US payroll, just not living in the US?

If my priority date becomes current in that time abroad, do I need to return to the US to file for AOS? How long after filing do I have to remain in the US, assuming I am still needed abroad?

What happens if I am needed past my H-1B expiry date, do I need to return to the US to file for an extension?

Thanks.

Pagal 09-22-2009 01:36 PM

Hello,

If you are on US payroll and preferably maintain an apt/house in US, then the long stay out of US should not be an issue legally. If you carry a current letter from your employer stating you work outside of US, but are a full time employee in US along w current utility bill/tax return, then you should be fine.

Of course, as this is not a standard situation, do expect secondary checks at entry points in US. Do consult your company lawyer as well. Good luck! :)

eyeswe 09-22-2009 05:51 PM

Why the need to maintain an apt/house in the US? Can you clarify?


Quote:

Originally Posted by Pagal (Post 947371)
Hello,

If you are on US payroll and preferably maintain an apt/house in US, then the long stay out of US should not be an issue legally. If you carry a current letter from your employer stating you work outside of US, but are a full time employee in US along w current utility bill/tax return, then you should be fine.

Of course, as this is not a standard situation, do expect secondary checks at entry points in US. Do consult your company lawyer as well. Good luck! :)


Pagal 09-22-2009 08:24 PM

Hello,

It is just as an additional safety measure...holding an apt/house in US offers the entry point officers another reason of allowing you inside the US.

As I said, it is a better to have, but should not be a show stopper. The H1-B and employer's letter would be the key documents.

frostrated 09-23-2009 02:35 PM

Quote:

Originally Posted by quadric (Post 942520)
I have both an I-140 Approval Notice and a H-1B which expires Apr, 2011. I'm needed by my US employer to go on a long-term assignment abroad (outside of the US).

Is this allowed on a H-1B? I'll still be on the US payroll, just not living in the US?

If my priority date becomes current in that time abroad, do I need to return to the US to file for AOS? How long after filing do I have to remain in the US, assuming I am still needed abroad?

What happens if I am needed past my H-1B expiry date, do I need to return to the US to file for an extension?

Thanks.

it is not a problem. you can stay out of the country and it will not affect your status. but if your date becomes current, then you will need to be physically present in the US to apply for your I-485. And at that time you can also apply for your Advance Parole. That will free you from the shackles of the H1-B. If on the other hand, you want to remain in H1-B status, then you need not file the Advance Parole, but you will still need to be present in the country to file for your I-485.
If in your I-140 application, you indicated that you would go for Consular processing, then when your date becomes current, you will need to go to your home country for an interview at the US Consulate for your jurisdiction.

quadric 09-23-2009 02:35 PM

Thanks for the advice.

eyeswe 09-24-2009 08:40 AM

Thanks frostrated and pagal and to the OP who started this.. I am currently on the same boat..so this helped..


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