My 6th year on H1B will end in January 2010. My Employer has filed the PERM application in September 2009 and as of now our attorney suggests that I leave the country when my H1B expires and either:
A: Stay out of US for a year (until Jan 2011) then my employer can start filing for a new H1B for my return.
B: If the PERM get approved before Jan 2011, the employer will file for I-140 for my return to the US and continue other processes toward the Green Card. Our attorney also suggests that we would utilize my recapture time (90 days) with the I-140 application for my return.
The company is willing to let me work remotely from my home country. The work arrangement is perfectly feasible as we are an IT company and most of my work are done remotely even when I am in the US.
Our biggest questions now have to do with the arrangement for me while I am working from my home country.
- Is it legal for us to continue my employment with the company without H1B while I live outside of the US?
- Would it be necessary for the company to arrange money transfers for payroll to my bank account in my home country? or can my paycheck be direct deposited into my US bank account the same way we have been doing when I am in the US?
We have asked these questions to our attorney and still wait for him to get back to us.
Any advise on this or any recommendation for a source where we can find more information would be greatly appreciated.
Thank you.
A: Stay out of US for a year (until Jan 2011) then my employer can start filing for a new H1B for my return.
B: If the PERM get approved before Jan 2011, the employer will file for I-140 for my return to the US and continue other processes toward the Green Card. Our attorney also suggests that we would utilize my recapture time (90 days) with the I-140 application for my return.
The company is willing to let me work remotely from my home country. The work arrangement is perfectly feasible as we are an IT company and most of my work are done remotely even when I am in the US.
Our biggest questions now have to do with the arrangement for me while I am working from my home country.
- Is it legal for us to continue my employment with the company without H1B while I live outside of the US?
- Would it be necessary for the company to arrange money transfers for payroll to my bank account in my home country? or can my paycheck be direct deposited into my US bank account the same way we have been doing when I am in the US?
We have asked these questions to our attorney and still wait for him to get back to us.
Any advise on this or any recommendation for a source where we can find more information would be greatly appreciated.
Thank you.