My current H1B expires in Dec 2010. I have 2 months of vacation I can recapture. My current employer is working on my PERM application and expected to file by end of this month. So which means I have a month or so that I have to stay out of country so I can recapture that would make me eligible for applying for 7th year extension. So QUESTION # 1 is when do I need to take vacation,before my current visa expires or after?
Now the added complexity is, the client that I am working for (one of top 5 IT companies in the world) wants to hire me. So I transfer my visa to them and have them start GC processing right away,it might mean that I have to be out of the country for about 4 to 6 months (assuming it takes that long before they file for perm). They are looking at sending me to another country after my current visa expires so that I can recapture that period + 2months that I already have to be eligible for 7th year H1B extension and then come back to US once it is approved.
So my questions here are:
1. Do you see any issues with this approach? Am I overlooking/missing something?
2. Being on US payroll while I am out of the country could cause any issues with recapture? Should I be on a payroll in the country I will be working in interim?
3. Any potential issues coming back to US on 7th yr H1B visa?
Also my client is looking at keeping oversees for 1 year after my visa expires so I can come back on a fresh H1B visa but I am pushing them do it as I mentioned above so that the time I will be away from my family will be less than 1 yr.
Please help me here and your expert opinions will matter a lot. (My client has a great immigration consultants but I want to do my own research to ensure I explore all options).
Thanks
Now the added complexity is, the client that I am working for (one of top 5 IT companies in the world) wants to hire me. So I transfer my visa to them and have them start GC processing right away,it might mean that I have to be out of the country for about 4 to 6 months (assuming it takes that long before they file for perm). They are looking at sending me to another country after my current visa expires so that I can recapture that period + 2months that I already have to be eligible for 7th year H1B extension and then come back to US once it is approved.
So my questions here are:
1. Do you see any issues with this approach? Am I overlooking/missing something?
2. Being on US payroll while I am out of the country could cause any issues with recapture? Should I be on a payroll in the country I will be working in interim?
3. Any potential issues coming back to US on 7th yr H1B visa?
Also my client is looking at keeping oversees for 1 year after my visa expires so I can come back on a fresh H1B visa but I am pushing them do it as I mentioned above so that the time I will be away from my family will be less than 1 yr.
Please help me here and your expert opinions will matter a lot. (My client has a great immigration consultants but I want to do my own research to ensure I explore all options).
Thanks