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All other Green Card Issues I-140/I-485, Family Based Green Card

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  #1 (permalink)  
Old 12-19-2008, 05:55 PM
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Default Will it affect my Green Card Processing - Please Help

I am on H1 for the last 3 years. Got my H1 renewed for 3 years last month. Now i have to go back to India for one year (2009) and come back at 2010. I will not be in a payroll for 2009. When i come back to US at 2010, i am planning to start my Green Card processing. I want to know if my one year stay in India will affect my Green Card processing in any way?

Thanks a lot.
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  #2 (permalink)  
Old 12-19-2008, 06:01 PM
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Default

It does not look like your future green card processing will be affected by any way due to your one year absence, but you might wanna clarify with your attorney about the status of your H1 though. You didn't mention anything on this, but I'm guessing you'll be coming back to the same employer in 2010, just check with them if your one year not being in US payroll would result in revocation of your H1B and they have to apply for a fresh one once you come back.

From the GC front, you don't have anything to worry as far as my knowledge goes.

Quote:
Originally Posted by me_myself View Post
I am on H1 for the last 3 years. Got my H1 renewed for 3 years last month. Now i have to go back to India for one year (2009) and come back at 2010. I will not be in a payroll for 2009. When i come back to US at 2010, i am planning to start my Green Card processing. I want to know if my one year stay in India will affect my Green Card processing in any way?

Thanks a lot.
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  #3 (permalink)  
Old 12-19-2008, 06:03 PM
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div_bell_2003, thanks for the quick reply. Do you know any resource that i can refer to regarding the revocation of H1 - how long can i be without payroll, how long can i be outside the country etc.

Thanks.
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  #4 (permalink)  
Old 12-19-2008, 06:08 PM
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I found this while searching. That matches my scenario exactly - Please let me know if what the users have posted is accurate. i.e., i can be in india (without payroll) till my h1 validity - this would not have my h1 revoked.

http://murthyforum.atinfopop.com/4/O...1&m=5481010971

Thanks.
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  #5 (permalink)  
Old 12-19-2008, 06:13 PM
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I would agree to this. Only if you live in the US and do not get a pay check you will be in trouble for both H1 extension and GC processing.
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  #6 (permalink)  
Old 12-19-2008, 06:15 PM
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suavesandeep, thanks a lot for confirming.
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  #7 (permalink)  
Old 03-05-2009, 04:06 AM
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Default

There is a sudden change of plan. My company wants me in US for two months - March 15 - May 15. Then i have to go back to India till Dec 09 and come back to join work from Jan 2010. My questions -

1. Will i be facing any questions at the immigration (point of entry) when i come back on Jan 2010?
2. Any other situation or scenario that i should be aware of?
3. If i receive pay check for just two months in 09, will there be a problem when i file taxes for 2009?
4. How long can i stay outside US on a H1b visa?

Thanks a lot.
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  #8 (permalink)  
Old 03-05-2009, 01:00 PM
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Default Its a Legal question !

Quote:
Originally Posted by me_myself View Post
There is a sudden change of plan. My company wants me in US for two months - March 15 - May 15. Then i have to go back to India till Dec 09 and come back to join work from Jan 2010. My questions -

1. Will i be facing any questions at the immigration (point of entry) when i come back on Jan 2010?
2. Any other situation or scenario that i should be aware of?
3. If i receive pay check for just two months in 09, will there be a problem when i file taxes for 2009?
4. How long can i stay outside US on a H1b visa?

Thanks a lot.
This might be an Attorney question

1. H1B petition is filed on a premise that a person with your 'unique' skillset is not available in local market and so they are sponsoring you
2. If you are going to be away from your place of work for such a long time, its the responsibility of the company to prove that you are indeed really required here and your assignment in your home country is really needed to get the work you are doing here moving etc etc.
3. I guess for you to be able to claim as an H1B you should basically work x number of hours a week/month/year on H1 here. Not sure how your going to home country and working there would qualify here
4. Your company might need to run your payroll here. Now as far as physical presence in this country you need to speak to your HR/Attorney on what the requirements are ( for other cases it is 181 days of continuous stay). Check with them what it needs to be for an H1.

On the whole this is a purely a LEGAL question and I am not sure if any of the advise you get here is guaranteed to work or be legal.

- cheers
kris
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  #9 (permalink)  
Old 03-05-2009, 01:24 PM
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Default

Quote:
Originally Posted by me_myself View Post
There is a sudden change of plan. My company wants me in US for two months - March 15 - May 15. Then i have to go back to India till Dec 09 and come back to join work from Jan 2010. My questions -

1. Will i be facing any questions at the immigration (point of entry) when i come back on Jan 2010?
2. Any other situation or scenario that i should be aware of?
3. If i receive pay check for just two months in 09, will there be a problem when i file taxes for 2009?
4. How long can i stay outside US on a H1b visa?

Thanks a lot.
The key question is - what you will be doing in India during the period you are out of US? Will you be working in Indian subsidiary of your employer?
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  #10 (permalink)  
Old 03-05-2009, 02:03 PM
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Default

Yes, i will be working in Indian subsidiary for my current employer.

If i am away for 1 year is there a risk of my h1 getting revoked?
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  #11 (permalink)  
Old 03-05-2009, 03:20 PM
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Default I believe they need to apply for H1 again

They will apply for H1 again in 2010, but good news is you will not be in 65k cap.
They can apply anytime and get a fresh H1.

That i what i think.
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