Question about working from India on H1

[Just4Kix]

I'm posting this for a friend.

She is on a H1 visa. For personal reasons she has decided to go back to India for now. After informing her employer of her decision, they offered her an opportunity to work from india and are offering to renew her H1. Since her H1 expires in May 2006, she is eligible for H1 extension based on her pending labor filed in March 2005 by the same employer. Her company has no office in India. They are willing to continue processing her green card application.

Q1. Her salary is being reduced from 70k to 55k. Does this affect her H1 extension?
Q2. Does Her workinng from India affect her H1 extension in any way?

Any related information will be very helpful, Thanks for your input...

 

[neocor]

I guess a lot of people would like to knwo the answer to the above question.
Lot of companies are allowing people to work from India these days.

Its kind of a new trend going on.
So its good to know the legal mumbo jumbo related to this new situation.

neocor

 

[great guru]

I'm posting this for a friend.

She is on a H1 visa. For personal reasons she has decided to go back to India for now. After informing her employer of her decision, they offered her an opportunity to work from india and are offering to renew her H1. Since her H1 expires in May 2006, she is eligible for H1 extension based on her pending labor filed in March 2005 by the same employer. Her company has no office in India. They are willing to continue processing her green card application.

Q1. Her salary is being reduced from 70k to 55k. Does this affect her H1 extension? This is depends on the LCA amount.

Q2. Does Her workinng from India affect her H1 extension in any way?
She can not extend her H1 while she is out side US.

Your GC process is no way affected if you are out side USA. If you are 6 yrs cap, better do not renew your H1, go back to your home country after one apply new H1 under quota, so you can have your new h1 3 + 3 yrs once again. However yur GC process no way get affected until you come to I 485 stage.

Any related information will be very helpful, Thanks for your input...

 

[EricS]

IMHO, in order for employer to keep her on the payroll, they will need to show her employment authorization. Now if she does not extend H1, how will employer complete the I-9?
So, I think employer does need to extend her H1. How her being out of US effects the H1 extension, I do not know.

 

[dyingforgc]

IMHO, in order for employer to keep her on the payroll, they will need to show her employment authorization. Now if she does not extend H1, how will employer complete the I-9?
So, I think employer does need to extend her H1. How her being out of US effects the H1 extension, I do not know.

I don't think you are right. It all depends how her employer pays her. Employer may not keep her in US payroll. there may have been other alternatives of paying her. If she is not in US, she doesn't need any visa.

However, from different perspective, even if she exdends her h1-b. she wouldn't be acuqring any presence in US on h1-b once she leaves country. so either way that doesn't matter. BUT if she decides to come back before 1 year, if she already has visa , can fly anytime. It would definitely be wise to extend h1 in her situation.

 

[EricS]

I don't think you are right. It all depends how her employer pays her. Employer may not keep her in US payroll. there may have been other alternatives of paying her.

The original poster has specifically said that the employer does not have an office in India. It is also mentioned that her pay is now going to be 55K. In these circumstances what other alternatives you can think of?
If it was not for the salary, then we can say that she goes to India and incorporates a compnay (whatever is equivalent to US Incorporation there) and the employer can show it as a outsourcing kind of deal. My reply was specifically meant under the circumstances mentioned, no office in India and pay is 55K. I am not writing it just for the sake of argument, but if you can really think of other alternatives in these circumstances, please share that.

If she is not in US, she doesn't need any visa.

However, from different perspective, even if she exdends her h1-b. she wouldn't be acuqring any presence in US on h1-b once she leaves country. so either way that doesn't matter. BUT if she decides to come back before 1 year, if she already has visa , can fly anytime. It would definitely be wise to extend h1 in her situation.