Risky case??

[coolguy80]

I am on H1B visa expiring in august 2009. I can renew it for another three years. My wife is on H4. She had applied for H1B but unfortunately it did not go thru lottery. Her company is sending her to Canada for year so that next year they have two options of applying for H1 and L1 visas.
Since my company has a subsidiary in canada same place as my wife is going I asked for transfer for one year. The company lawyer said I can go to canada but should be back before end of one year so that my H1B visas can be renewed on current status and not go through lottery crap. I would be employed by canadian subsidiary and not my company in US during this period. The company has already applied for green card but date is not current and not expected to be current soon. Lawyer also mentioned that just enter USA every 2-3 months to be safe.
My questions to this scenario.
1. If I am employed by canadian company how can I enter USA with the H1B visa?
2. How many pay stubs do we need when we go for renewal of I 797?
3. Do you guys thins it is a risk involved? Why?

I would really appreciate your prompt reply. Thank you in advance.

[txh1b]

1. The same question came to my mind as I read your post based on your lawyer's suggestion. Ask him. May be he wants you to enter using AP as you are a parolee by virtue of pending I485. This also requires you to spend time in US to get the AP extension approved in the future.
2. Your lawyer's logic about going through the lottery again holds good only if you completed your 6 years on H1b. Have you? Even if you did, H1b cannot be extended unless your US company wants you to be employed in the US and puts you on US payroll. You can get H1b extensions based on an approved I140 past the 6 years. I don't know much details about your case to analyze. However, seems risky.
3. Plenty. As all this is complicated enough and USCIS may say you abandoned your pending AOS as you started work outside US.

[coolguy80]

Thanx for your reply txh1b

My labor is approved but my I I40 will be approved anytime in august this year. I cannot apply for 485 since the date is not current.

Can you please help now?

[txh1b]

1. Then 1 is not possible and entering on H1b is illegal if you don't intend to work for the US employer.
2. You did not say how much time you have used on H1b. Search for the word 'remainder' on the forum.

If I485 is not current, as GC is for future employment, there is no risk. However, the whole deal about entering US as suggested by your attorney does not make sense.