H1-B validation

[NSM]

Hi All,

I have just recvd my H1-B and will be effective from Oct 1,2013. But now I need to move to UK in Dec for a year with my husband. Can I hold on to my H1-B for a year, or do I have to re-apply next year?

pls advise

NSM

[kabkaba]

The petition will remain valid until it expires unless your employer withdraws it.

Irrespective of that you will be exempt from annual cap. The same or any other employer can file a cap-exempt petition for you at any time during the next 6 years.

The Visa in your passport if any will remain valid until it expires. It can be used to travel to US along with any valid H1B petition.

[raghvi]

The petition will remain valid until it expires unless your employer withdraws it.

Irrespective of that you will be exempt from annual cap. The same or any other employer can file a cap-exempt petition for you at any time during the next 6 years.

The Visa in your passport if any will remain valid until it expires. It can be used to travel to US along with any valid H1B petition.

Whats your current status? That is on what visa did you enter US?

If you did a COS to H1 , in order to return and start working on h1 you would have to first get a H1 stamped (if you don't have a valid one already).

This is my opinion not legal advice.

[NSM]

The petition will remain valid until it expires unless your employer withdraws it.

Irrespective of that you will be exempt from annual cap. The same or any other employer can file a cap-exempt petition for you at any time during the next 6 years.

The Visa in your passport if any will remain valid until it expires. It can be used to travel to US along with any valid H1B petition.

Thanks a lot for your reply. So I understand that I can get my visa stamped when I get out of the country and then when I return after a year I will still be holding the same h1-b visa. If my employer holds my visa do I need to remain on a pay roll? Will my employer or I have to pay any tax?

[NSM]

Whats your current status? That is on what visa did you enter US?

If you did a COS to H1 , in order to return and start working on h1 you would have to first get a H1 stamped (if you don't have a valid one already).

This is my opinion not legal advice.

Hi
Entered on H4. I managed to find employment and just after I recvd my h1-b visa approval my husband employment offered him a project in UK for a year.
Now I need to move to UK in Jan. I plan to visit India in dec, will get my visa stamped and thn move to UK.

[NSM]

Whats your current status? That is on what visa did you enter US?

If you did a COS to H1 , in order to return and start working on h1 you would have to first get a H1 stamped (if you don't have a valid one already).

This is my opinion not legal advice.

Yes I did COS and will be getting my visas stamped in India but can I hold on to this stamp and re enter the country after a year. Can I evade tax? My employer will not withdraw my visa provided he does not have to pay any tax.

[kabkaba]

Thanks a lot for your reply. So I understand that I can get my visa stamped when I get out of the country and then when I return after a year I will still be holding the same h1-b visa. If my employer holds my visa do I need to remain on a pay roll? Will my employer or I have to pay any tax?

Visa is what you have in your passport. You can obtain that if the underlying petition is still valid.

It is up to your employer to decide if they want to keep the petition or withdraw it. They will need to pay you only when you are in the US in H1B status and not otherwise.

When you decide to return after 1 year (if the petition has not been withdrawn), you may need a current employment letter showing that the job still exists and is available for you.

[NSM]

Visa is what you have in your passport. You can obtain that if the underlying petition is still valid.

It is up to your employer to decide if they want to keep the petition or withdraw it. They will need to pay you only when you are in the US in H1B status and not otherwise.

When you decide to return after 1 year (if the petition has not been withdrawn), you may need a current employment letter showing that the job still exists and is available for you.

Dear All
Well understood.. This was very helpful. Thanks for all the replies and responses.

Regards
NSM