Can H1b holder work on a contract in a foreign country?

K

Kumarash

Registered Users (C)
hi I am am H1b holder in the US with a consulting company and they are also doing my immigration process. I have a chance to work on a contract assignment in a different country for 2 years. Would my H1b be still retained and my GC process continue if I leave US for 2 years but be on this consulting firms H1b? If this is not possible on H1b can I do this on my EAD while my GC is in process.....
Thanks for your help!!!
 
well H1 or EAd are only needed when u are working inside USA, outside you need to follow the permit rules of that country.
Ur H1 visa will be valid till the date of stamp/approval, but you will not be in H1 status as u will be outside the ctry. Ur H1 clock stops there and in a way its good as u reset the H1 clock after a year outside.

Noe if you want you can keep H1 alive by filing extensions.

EAD and Ap are issued only when you file I-485, that requires that yyou be in the country as well.
U may decide to opt for CP instead and get GC at Consulate back home when the time comes.

U may still be on ur employers payroll but in a difft country.
 
can I leave the US after I140 and rejoin after my CP goes through?

Thanks for your quick insight. It sure is helpful. I have a follow up question if you don't mind answering. If lets says I get to a point I get the contract outside US and I opted for CP for GC, can I step out of US after I get my I140 cleared? Will that still maintain my GC process's validity terms even though I will out of US for about 2 years? I mean what are my liabilities to my current employer after I leave the US after my I140 and waiting for the CP in Delhi.

Thanks again for your response in advance!!!
 
yes in fact with CP u r not required to be working or ever having worked in US at all at the time of labor or I-140.

only to file for I-485 u r required to be in US
 
only one last question:what is the safest point to resign from job & wait outside US

I have only one last question: you said : " in fact with CP u r not required to be working or ever having worked in US at all at the time of labor or I-140..."

Since even the option for CP will be given to me after my Labor cert is done and since employer has been processing my GC, whats the most safest point for me to leave my current job (with the employer who is processing my gc), so that I can successfully come back after I get my PR at Delhi's consulate? Thanks for all your responses..they are with speed of light :-))))
 
as long as the employer is willing to keep the Gc process going, it doesnt matter when u leave. It all depends on ur relationship with employer, nothing to do with DOL(labor) or USCIS(I-140)

but if u r planning to leave the sponsoring employer then its a difft issue altogether.
 
Can a new employer take over my GC process after 140 is cleared if i change employer

I am actually planning to leave the sponsoring employer. Can a new employer take over my GC process after my 140 is cleared and during the time I am waiting for my CP process and go to this foreign country on its contract? Thanks again very much!!!
 
nope sorry this provision of Ac21 is applicable only for I-485 filings where you can switch if 180+ days since I-485 filing and I-140 approved.
 
Thanks, but if I opt for AOS(1485) can I change employer after 180 days+140 approval

ok, so does that mean, 1. I can change employer after 1140 approval & 180 days after applying for I485?
Also, 2. If I can do that, can I step out of the country to work on a contract with the new employer and come back to US.
So essentially do I need to be physically present in the US while my AOS is pending? If not, then how long can I stay outside? Thanks a lot again!!!!!
 
if you file AOS then you hve to be in the country and its is risky to spend lon periods outside the country.
You will need to apply for AP and wait in the country till you get approved. Leave only after you have the approval in hand, usually one yaer expiry date. U can return anytime before the AP expires, but for next AP (renewal) u will have to be in the country to apply and cannot leave till u have approval in hand. its taking anytime btw 2-6 mths or even more for AP.

But if there is a chance that ur original sponsor can continue the GC process and you might be willing to work for that employer for 6-7 mths after the GC is approved you might wanna go the CP route.
 
You must log in or register to reply here.
Top