6 years completing on H1B

aganga

New Member
I will be completing 6 yrs of H1-B visa in USA in NOV 03.Our company has a office in Malaysia.Can I work in Malaysia and be on US payroll since I will be paid in US $.
 
If you filed your GC and if the labor is pending for > 365 days then no need to go to some other country you can work in US by applying for 7th year extension...
 
aganga,

You can work anywhere and be paid. I worked in a country that didn't even have a branch for my company. I just hung out there and worked, until I could come back.

Please note that the new law for H1 extension starts the 365-day count from the very first application (to the State) - no longer 365 days from the time your application gets to the INS.

The situation is really not bad if your company will wait for you. The only irony I found is that the IRS will consider you a "resident" and still tax you while you're away. But, the INS wouldn't consider you "resident" in the same period, so you have to leave! Go figure...

Good luck.
 
7th year extension
Please help.....

My 5+ years H1B term is over. I have Labor pending for last 2 years in NJ. Not sure of approval(got RFE/NOF). Planning to apply for Labor from Ohio in 2 weeks. My lawyer says I will get 7th year extension even if NJ Labor is rejected, becuase of Ohio Labor application pending.

Can any one please confirm.......

Thanks for any help..
 
7th year is possoble on two conditions

7th year extension is possible on two conditions:

i) I140 is filed and pending. No restriction on days. Good if there is reciept from INS.

ii) Labor Certification is filed AND pending 365 days passed.


The LC or I40 pending can be of diff employer, if you have some other company than current doing GC processing for you.

Post replies if there is any misunderstanging.

Based on the experience of self and friends. Not an expert or Lawyer.
 
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