Reg: My H1B and EAD expiration and validation if I move to India...

[H1Advice]

Hi,

I am using my friend's account to post this question.

I have H1B valid till October 2011 and EAD valid till Aug 2010. My job contract is getting over pretty soon with no extension in near-future. I was thinking to move back to India until job market gets better here (USA). However, I have a few questions:

1) If I move-back to India, do I have to transfer my H1B to the Indian employer even though I do not intend to come through my Indian employer back to USA?
2) Do I have to provide my latest paystubs in USA while trying to re-enter USA after 6-8 months?
3) Can I move my AOS (I485) application for consular processing and re transfer it to processing center in USA when I return back? Or can I just leave my I485 application as it is and continue it when I return to USA?
4) For how long I can stay in India without jeopardizing either of them?
5) If I go back, can I work in India under a different employer in the meanwhile before I can come back here again?
6) If I work in India, would it affect my EAD and H1B in anyway?

Thank you in advance for looking into my request.

Thanks!
AP

 

[Jackolantern]

1) H1B is irrelevant to non-US employment.
2) I don't think old paystubs would be required or helpful. But a recent letter from the employer saying that you are wanted back in the US would be. And you will need an H1B stamp in your passport, unless you have an Advance Parole that was applied for and approved while you were still in the US.
3) You can leave the I-485 as it is or change to consular processing. But if you want to resume the I-485, make sure you return to the US before your H1B expires.
4) I-485: you can stay outside the US until your H1B visa expires. But if you're using the H1B to reenter, you need to be going back to the same H1B employer. Consular processing: you stay outside the US until your green card is approved at the consulate.
5) You can work for whoever you want outside the US, as long as the US employer who controls your H1B doesn't cancel it
6) No. Just return to the US before the H1B expires. And don't use the EAD if you want to keep the H1B valid.

 

[H1Advice]

Hi,

Thanks for your responses. I have a few more questions:

Can I transfer my H1B to a new employer while I am in India and re-enter thru that new employer's H1B?

Will this affect my GC process in any way? (in relation to my EAD and I-485)

Can I apply for an extension to my H1B before it expires while I am in India?

Thanks,
AP

 

[ginnu]

Hi,

Thanks for your responses. I have a few more questions:

Can I transfer my H1B to a new employer while I am in India and re-enter thru that new employer's H1B?
---------------------H1 transfer can be filed if you are in US and on Valid H1 status with recent pay stubs.

Will this affect my GC process in any way? (in relation to my EAD and I-485)
---------------------H1 is not related to pending I-485 Or EAD. H1 and I-485 are different petitions.

Can I apply for an extension to my H1B before it expires while I am in India?

---------------------Extension can be filed only in US if you are on valid H1 status. when you are out of US you are not on H1 status.

Thanks,
AP

--------------

 

[Jackolantern]

Can I transfer my H1B to a new employer while I am in India and re-enter thru that new employer's H1B?

You can get a new H1B in your passport at the consulate and use that to reenter the US. It's just that it wouldn't be a like a "transfer" within the US where you get to start employment before the next employer's H1 is approved, you would have to get it approved and stamped in your passport.

Will this affect my GC process in any way? (in relation to my EAD and I-485)

If you change employers you need to ensure you are compliant with AC21 so your I-140 doesn't get revoked, including having somebody in the US to respond to any RFE or NOID regarding your employment change.

Can I apply for an extension to my H1B before it expires while I am in India?

Yes. You don't need to be in the US to get another H1B petition filed by the same employer or another employer. I don't know why Ginnu is saying you need to be in the US; maybe he is thinking of a specific definition of "extension" meaning to extend one's status while in the US. But you were asking about filing another H1B petition and getting another H1B stamp, for which the answer is YES both can be done when you are outside the US (in fact the latter can only be done outside the US).