H1b expiring - cannot file PERM - need to leave US

[putoti]

My H1b is expiring Jun 2010. My employer (or the legal dept) says they cannot file my PERM as they cannot attest that there is no qualified US citizen for my position because when they conducted the recruiting there were 2 who applied and qualified. So I am SOL but was presented 2 options:
1) change to H4 visa as my husband has H1b and an approved I140 but still waiting to file 485 and that can take years.
2) leave US for a year then they will file for L1 visa under blanket petition.

I don't want option 1 as we have bills to pay and my husband can't pay them all. Mortgage alone is a big chunk of the take home pay. We're willing to sacrifice the 1 yr apart than stay in the US and struggle.

Option 2 looks promising. My boss and her boss want me to still work for them so it'll be like working remotely in a diff country. Does anyone here see a problem with that legally? I will leave US so no visa no status but still employed with this company, earning the same as my current salary, still be in the system as an employee, just not physically in the ofc.

Thanks! I wrote in the other forum my concern that my H1b is expiring and I'm past the 1 yr time frame for PERM to be filed to get an H1b extension and this is now the status - no PERM at all. So sad.

[txh1b]

You can work in a different country for the same company. You need to talk to a tax professional about the tax laws and how taxes should be paid.

Remember, the company promising a L1 doesn't mean it will happen. Things could change on the fly and you are just a "resource" for the company.

[putoti]

Thanks txh1b! Nice to know that it is possible.

Yeah I know, there's no guarantee so I have to work even harder to prove to them that it's hard without me. Sucks to be in a big corp that got TARP money.

But I really need to leave US for a year so I'll have a chance to look for a new job that sponsors H1B if the L1 does not happen. If I stayed in US, I won't have a chance to work again until I get an EAD from my husband. Right? New H1B requires at least 1 year outside of US.

[ironmonkey]

Thats right.

I am in the same boat. I was working with a big mnc in US which received TARP money. I have recently taken transfer to there India office since my H1B 6yr limit exhausted and they didn't filed PERM.
I have also been told by my manager that after working for 1 yr in the subsidiary, they will call me back on L1 (which offcourse is no ways guaranteed as things can change).

My question is, as per the L1 requirements do I need to work with the subsidiary for 1 year first and become eligible and then they will file the application or they can start the application process after say 6-7 months, and get the approval which will be valid from the date I complete 1 yr in the subsidiary ?
I am asking this because processing of application and then visa etc will also take roughly 6 months. So, in effect is it going to be 1 yr or 1.5/2 yrs that I have to wait?

Thanks

[txh1b]

I believe the min requirement is 1 year as of the date of the filing. So, your filing has to wait till you meet the minimum requirement.

[DrPepper]

Option 2 looks promising. My boss and her boss want me to still work for them so it'll be like working remotely in a diff country. Does anyone here see a problem with that legally? I will leave US so no visa no status but still employed with this company, earning the same as my current salary, still be in the system as an employee, just not physically in the ofc..

Getting US salary in an offshore job. No offer can beat that. H1b & GC (even US citizenship) has no value in front of this offer. Heck, you will also get a higher and more respectable position offshore. Just take it!!