Outsourcing, expiring OPT, and applying for H1B

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Cooldesak

New Member
Urgent, please help, regarding Outsourcing, expiring OPT, and applying for H1B

Hi all, thank you for taking some times to look at my thread. Please help with my questions because I really need the answer as soon as possible.

I have questions that are relating to my expiring OPT, H1b application, and outsourcing (as mentioned in this thread's title).

Let me explain my situation first.

I have been holding an Optional Practical Training since June 1st, 2005. That means my OPT will expire on May 31st, 2006, and last year, I failed to appy for H1b before the cap was already full. So, right now, I am waiting till April 1st, 2006 to apply for H1b Visa for the fiscal year of 2007.

Since my OPT will expire on May 31st, 2006, and I dont have H1b visa yet, so, from June 1st, 2006 till September 30th, 2006, I won't have any kind of permit to work in USA. Regarding my upcoming situation in those four months (June - September 2006), my employer is asking me if he can outsource me during that time because my company expects me to keep working. So, what he is asking is that if I can go back to my country as soon as possible around June 2006, and then I work from my home country for him (since my company enables its employees to work from home as long as there is internet connection) till my H1b visa is starting (Oct 1, 2006) with a note that everything goes smoothly, and I get my H1b visa approved.

My questions are:
1. How the outsourcing works? Where can I find good, clear, complete, understandable information about outsourcing?
2. What is the legality for the situation that my company will outsource me during those four months?
3. What steps will I and my employer need to take to do outsourcing?
4. If the outsourcing is really applied, then how the whole situation will work? For example: how soon I can go back to my home country?, when I have to go back to USA? how my H1b visa application will be?, etc.

Please help with this since this is an unfamiliar situation for me.
Thank you.
 
Last edited by a moderator:
If your current company has any subsidiaries or partners based out of your home country than all they have to do is move you to that company's payroll. And if not they have to find a company in your home country on whose payroll you could work. Or they can pay you as an independent consultant while you are in your home country and you figure out the Tax implications with a local accountant. And they can apply for your H1B1 while you are away and bring you back to USA when you have stamped Visa.

You can also find a company based in your home country which can take you on there payroll and bill your company based in US for a small fees.

Hope this helps.
 
Thank you for the info.

My company does not have any subsidiaries or partners based out of my home country. They want pay me as an independent consultant while I am in my home country. So what we need to do is just to figure out the tax implications, right? What are other steps that my company has to do? What is the process to outsource someone from outside the country?

Thank you.
 
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