H1B expiring - PERM audit - can work from India?


New Member
Hi All

My H1B is expiring on Feb 5th 2015 and my employer has filed PERM on Mar 30 2014 (less than 365 days gap). Now my PERM has got audit and the employer has responded to it last week. Since, the review response of PERM audit may take more time, my employer told me that they will apply for H1 extension but I've to leave US by Feb5 2015 and come back after Mar 30, once my H1 extension is approved and I got through stamping.
PS: I'm a fulltime employee of US based NGO company.

My questions are,

  1. Can I use my accrued PTO's during my stay from Feb5 2015- Mar 30 2015 outside USA?
  2. Since my current visa is expiring by Feb5 , are these PTO's still valid ?
  3. My company doesn't have any offshore branches. So, is it legal to work from India during that period of time (Feb 5 2015 - Mar 30 2015) and get salary regularly on US Payroll?
  4. Since my H1B expires Feb5 and I'm not legal to work in USA, can I work from India from Feb6- Mar 30 and log those hours in company timesheet which is running in US ?

I'm very thankful to your response/suggestions.
Last edited: