Working Outside of US with current status of H1B

N

nitinj

New Member
Hi,

I am an Indian national and am employed with a US based firm and am holding an H1b visa status which is expiring on September 23rd 2004. My company sent me on a temporary project to India in December 2003 and this project will go till Feb 2005. So I expect to be in India till Jan/Feb 2005. I contacted my HR department for the H1B renewal and they suggested me to file the visa now through Consular process with the starting date in January 2005. They advised me that if I do so then I'll have full 6 yrs (will gain 3 more years) again to work on H1B visa. This is because I'll be out of US for more than 1 year by January 2005.

I am interested in this option. Also, I am being paid salary in USD during this term. My question is CAN U.S. COMPANIY CONTINUE TO PAY ME AS LONG AS I AM EMPLOYED BY MY US COMPANY OUTSIDE OF THE U.S EVEN THOUGH MY H1 b VISA EXPIRES ON SEPT 2004? What will be the tax implications on my salary after September 2004 when my visa expires?

Please reply at the earliest..
 
I am in the same situation

Hi,

I have been in the same situaton from 2000. I have got a fresh H1 and will be going for visa interview in 1 week. I think that the employers suggestion is not necessarily a bad idea since you will now have 6 additional years rather than extending by only one year.

Please et me know if you got any answers for the payroll issue. I am also currently on the payroll but my H1 has expired.

http://www.immigrationportal.com/showthread.php?t=133695
 
I find this thread very interesting as there are several important issues raised here. I realise that several people who have given out advise are not really familiar with the issues, so beware of the advice u get here.

first, the six year clock is reset if you are out of the country for 1 yr, thats why this guy will gain 3 yrs even though he spens only a year outside the USA.

second, since he is not on H1 status he cannot extend it. what he can ask for is his lawyers to file for H1 approval . The reason he is not on H1 is cause he is outside the country. i hope thats clear.

what he will need to get from the consulate is a new stamp, based on the petition his company files for him for a new H1. and he wont be subject to cap at that time cause he would have been counted toward the cap in the last six years.

As for his company not wanting him back, well that is something between him and employer cause it is a matter of trust. I would not get scared that easliy but try and get firm resposes from the company about continued employement. Its ok to paranoid at times, but assuming thw worst just makes things worse.

As for tax implications, even if the company is paying him in dollars, he can choose to file the tax in India or US where he wants, depending on where exactly is he getting paid.
 
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