After 7th year extension - pay checks

P

pop420us

Registered Users (C)
All,

What is the VISA requirement (apart from H1) to get pay checks?. I mean, If we have to stay outside US for 1 year after 7 years and still working for the same company, are we eligible to continue the same pay?(if the company agrees).

Thanks.
 
There is no pre-condition for pay-checks. You can be paid anywhere in world.


H1 visa is only meant to allow you to work in USA for any employer and not for American employer.
 
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Thanks for the reply

To make sure we are on the same page i am elaborating the question here.

I am working for a company A which has a branch office in Canada. My labor was denied recently and my H1 is expiring April'04.

To avoid 7th year extension and all that stuff, i am thinking it its easier for me to just work for this company in Canada and come back after 1 year. To work in Canada i am going to need Temparory work permit in Canada which i think is not a big Issue.

So my question is can i continue on the same payroll here in U.S.A for 1 year eventhough i don't have a valid visa in US?...


Thank you.
 
They Transfer you to branch office in canada & issue pay check from Canada office OR US office can pay you as you are a forigner working outside (NO FEDERAL OR STATE INCOME TAX).. You can come back after one year. Do not keep anything in US for that One year (No Residence, No Phone, No Creditcards, No Taxes !!)
 
You cannot be on US payroll. You have to be paid from the Canadian office. You should not travel to US during that i year period.

Also, it is you who will have to prove that you were physically outside US for 1 year. So make sure that you get your passport stamped (by canadian immigration) when you go to Canada.
 
Let me elaborate my last reply first - I had replied in context that your company has an office in some other country and you are getting paid through American Employer's local office in that country. Cheat sheet says if your employer has no such arrangement then get a company opened up(say in XYZ country) and do a corp-to-corp with your present company. Ofcourse you need to join the other company and leave your present one.

pablasingh is right about pay issues.

I think gp's suggestion is a worth a thought from your side- it will help you in lessening the burden to prove that you were not in USA.

Ideally you should go on Canadian pay-roll for that time.
 
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