H1 Extension for ex-employee

G

GoodIndian

New Member
Here is my situation :

I am relocating to India next month. I will be working for the same employer ( but as a contractor - no employer emploee relationship ). I want to carry with me an H1 extension so that I can re-enter US if there is any special work related need for my presence here. Since I have a pending I140, I will not be eligible for a B1 visa ( no dual intent ), so my only option to come back into the US is via a H1.

Can someone answer these:

1. How do I convince the consulate in India to give me a visa even though I am not an employee of the company. Will an offer letter from the company be sufficient ?

2. Most probably when my H1 extension is filed in the next couple months, I will no longer be an employee. Is it possible to file an H1 extension for an ex-employee with the prospect of future employment. I know we can file a new H1 for an ex-employee but how about extending the existing one.

I know, I need to consult an attorney, but I have found better answers from this forum.
 
z
GoodIndian said:
Here is my situation :

I am relocating to India next month. I will be working for the same employer ( but as a contractor - no employer emploee relationship ). I want to carry with me an H1 extension so that I can re-enter US if there is any special work related need for my presence here. Since I have a pending I140, I will not be eligible for a B1 visa ( no dual intent ), so my only option to come back into the US is via a H1.

Can someone answer these:

1. How do I convince the consulate in India to give me a visa even though I am not an employee of the company. Will an offer letter from the company be sufficient ? Your employment continuity will be checked by the counsel. You have to provide your pay stubs/W2 etc.
2. Most probably when my H1 extension is filed in the next couple months, I will no longer be an employee. Is it possible to file an H1 extension for an ex-employee with the prospect of future employment. I know we can file a new H1 for an ex-employee but how about extending the existing one. If you are with in US extension is not a problem. Only visa stamping will be a problem
I know, I need to consult an attorney, but I have found better answers from this forum.
Click to expand...
 
Thanks Guru for your input.

How about seasonal employment. What if my employer were to allow me to go on long leave without pay, with an option of 'just in time' employment. I will be taking the approved H1 extension ( hopefully for 3 years - 140 pending ) with me when I relocate to India and immediately get the visa stamped in the passport, thereafter if I need to come to the US ( after 1 or 2 years ), I will ask my employer to verify my employment through a letter and I will carry the same.

What are your thoughts on this ?
 
z
GoodIndian said:
Thanks Guru for your input.

How about seasonal employment. What if my employer were to allow me to go on long leave without pay, with an option of 'just in time' employment. I will be taking the approved H1 extension ( hopefully for 3 years - 140 pending ) with me when I relocate to India and immediately get the visa stamped in the passport, thereafter if I need to come to the US ( after 1 or 2 years ), I will ask my employer to verify my employment through a letter and I will carry the same. YES you can do that. Only visa stamping will be on the hands of the counsel.
What are your thoughts on this ?
Click to expand...
 
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