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  #1 (permalink)  
Old 09-21-2009, 07:37 PM
Junior Member
Priority Date
:
Oct-06
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:
EB3
I140 Mailed Date
:
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:
Australia
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:
I-140
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Join Date: Sep 2009
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Question 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.
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  #2 (permalink)  
Old 09-22-2009, 02:36 PM
Donor
Priority Date
:
Feb-05
Category
:
EB2
I140 Mailed Date
:
04/23/2007
Chargeability
:
India
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:
N/A
I485 Mailed Date
:
08/15/2007
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Posts: 200
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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!
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  #3 (permalink)  
Old 09-22-2009, 06:51 PM
Member
Priority Date
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Aug-07
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I140 Mailed Date
:
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India
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Why the need to maintain an apt/house in the US? Can you clarify?


Quote:
Originally Posted by Pagal View Post
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!
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  #4 (permalink)  
Old 09-22-2009, 09:24 PM
Donor
Priority Date
:
Feb-05
Category
:
EB2
I140 Mailed Date
:
04/23/2007
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
08/15/2007
Compare
Join Date: Jul 2008
Posts: 200
Pagal has a reputation beyond repute Pagal has a reputation beyond repute Pagal has a reputation beyond repute Pagal has a reputation beyond repute Pagal has a reputation beyond repute Pagal has a reputation beyond repute Pagal has a reputation beyond repute Pagal has a reputation beyond repute Pagal has a reputation beyond repute Pagal has a reputation beyond repute Pagal has a reputation beyond repute
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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.
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  #5 (permalink)  
Old 09-23-2009, 03:35 PM
Senior Member
Priority Date
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Aug-04
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EB3
I140 Mailed Date
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08/11/2006
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India
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:
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Quote:
Originally Posted by quadric View Post
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.
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  #6 (permalink)  
Old 09-23-2009, 03:35 PM
Junior Member
Priority Date
:
Oct-06
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I140 Mailed Date
:
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:
Australia
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I-140
I485 Mailed Date
:
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Join Date: Sep 2009
Posts: 2
quadric is on a distinguished road
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Thanks for the advice.
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  #7 (permalink)  
Old 09-24-2009, 09:40 AM
Member
Priority Date
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Aug-07
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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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