H1b - Urgent

G

gobulls

Registered Users (C)
Hi folks:

My brother is on OPT currently with the H1b approval strarting from Oct 1. Looking at the job market , i do not think he will land up with the job soon as he has not been able to do so in last 10 months or so. What are his options? His passport is currently stamped with F1 visa .


He is considering moving back to India for some time in early Oct to take up a job there and come back after sharpening his skills. My questions are:

1). How long can he stay out of USA while maintaining h1b status
2). SHould he go after receiving few paystubs? Will he need them for actual H1b stamping ?
3). Wht's the best time to go for the stamping? As soon as he land in India or close to when he decide to come back?
4).. Can he do H1b transfer to another employer while in India? without recent paystubs as he will be out of country?

Please advise..
 
How long is your brother on OPT? It's better to furnish paystubs even on OPT. I would think your brother is taking the right step by moving to his home country as H-1B status will kick in from October 1, 2007 and he is without a project. It does not matter when he get the stamping - since he is outside of the U.S. paystubs are immaterial. Please ask your brother to obtain client information that details the project before going for visa stamping. Transfer will be possible as long as your brother does not spends time in the U.S. on H-1B without paystubs - but that depends on the sponsoring employer.
 
Last edited by a moderator:
Thanks for your reply..

But woudl you know, how long is he allowed to stay out of the country without abandoning the status?

Also, what is current employer withdraws the H1b? Does he need to wait for another quota? If so, can he again qualify for hte Masters quota as he did this time? or is it allowed to be used only one?

Please let me know.
 
I never heard of an employer withdrawing the H-1B so that it can be used for an different employee. Your brother can stay out of the U.S. as long as the H-1B petition is valid.

A new H-1B is subject to quota and this can be filed as early as April 1, 2008 and this will permit an employee to start working in the U.S. from October 1, 2008. Yes, depending on the qualification appropriate quota (regular / masters) will be applied.
 
I guess, my question is..

If he goes out the country and decides to come back to US through the same employer.Can he do that ( like 6 , 8 or 15 months)? or does h1b becomes void after certain period of time?


My impression is that person needs to return to the USA within 6 or 1 yrs or so for one to keep h1b status alive...

thoughts?
 
Well according to the paralegals, one can return to the U.S. till the visa validity period. So if an H-1B is valid till September 2010, it should be possible to return before March 2010.
 
You must log in or register to reply here.
Top