H1B Status: Out of the country.

[flyingcarpetman]

Hi,

Here is my scenario:
I made a status change from an L1 to an H1 in October 07 and started working with my new employer then. I was in the country working till May 08 at which point I had to return to my native country due to personal reasons. I went in for stamping at the consulate in my home country and got my Visa stamped in Aug 08 and the Visa expires Oct 09. Due to the same personal reasons, I have not been able to go back to the US and am still in my home country. I have been employed with another american company which has operations in my home country in the meantime. My H1 is still with the American consulting company that initally processed it.

I am hoping to get back to the US by April and start working there immediately.

Here are my questions:

1. Will there be any issue with my H1 since I have been outside the country for almost 10 months (Since May 08)? (But then again, it has been only 7 months since I got my visa stamped. (Aug 08))

2. My employer says there are no issues since I have been out of the country, and that means its okay not to have been on the payroll. (I've had no paychecks from him since May 08.) Is this true?

3. Would there be any issues when I am entering the US right now? Since I have less than six months validity on my Visa.

4. Can I apply for an extension without any issues once I start working in the US again?

5. The company that is currently employing me wants me to transfer the Visa to them and then file an extension on their behalf. Would there be any issues with this?

I know this is a long post, but I completely appreciate that time you are taking to get through this.

I will be eternally grateful if you can guide me with my issues.

Thanks. Hoping for many replies soon.

[Subramanya]

Here is my scenario:
I made a status change from an L1 to an H1 in October 07 and started working with my new employer then. I was in the country working till May 08 at which point I had to return to my native country due to personal reasons. I went in for stamping at the consulate in my home country and got my Visa stamped in Aug 08 and the Visa expires Oct 09. Due to the same personal reasons, I have not been able to go back to the US and am still in my home country. I have been employed with another american company which has operations in my home country in the meantime. My H1 is still with the American consulting company that initally processed it.

I am hoping to get back to the US by April and start working there immediately.

Here are my questions:

1. Will there be any issue with my H1 since I have been outside the country for almost 10 months (Since May 08)? (But then again, it has been only 7 months since I got my visa stamped. (Aug 08))

---- NO

2. My employer says there are no issues since I have been out of the country, and that means its okay not to have been on the payroll. (I've had no paychecks from him since May 08.) Is this true?

---- That right. The period of stay outside of US can be recaptured when you apply for H1 extension

3. Would there be any issues when I am entering the US right now? Since I have less than six months validity on my Visa.

---- NO. At the POE show that your job offer is still valid with an authentic letter from your employer

4. Can I apply for an extension without any issues once I start working in the US again?

---- Yes. REfer Q2

5. The company that is currently employing me wants me to transfer the Visa to them and then file an extension on their behalf. Would there be any issues with this?

---- NO. HOwever everything is between you and the negotiations with your employer to whom you wnat to get your H1 transferred

Subramanya

[flyingcarpetman]

Thanks for the quick response Subramanya. Just one clarification:

---- NO. HOwever everything is between you and the negotiations with your employer to whom you wnat to get your H1 transferred
Subramanya

Does the employer who is currently holding my Visa, even have to know that I am applying for a transfer?

Also do i need to apply for a transfer along with and extension considering I have only 6 months left on the current petition?

Again, your response is much appreciated.

[Subramanya]

Does the employer who is currently holding my Visa, even have to know that I am applying for a transfer?

---- There is no need

Also do i need to apply for a transfer along with and extension considering I have only 6 months left on the current petition?

---- When you transfer your H1, the period requested is usually granted based on the time available on your H1

Subramanya