Using existing h1b after 6-8 months with same employer

[texas1235]

Hi All,

I currently have a H1b visa with company A vaild until 2012. This company is American based and does not have any offices in India. i have a personal situation where I have to live in India, look for a job in India for next 6-10 months. I want to come back to US depending on the situation in India.

1. I am planning to resign with Company A and return to India. Is this the right step or there is something that can be worked out to keep my status valid. I have a company lawyer whom I havent talked to yet.

2. I will convince Company A to re-employ me after 6-10 months.What steps need to be done for this to happen.

3.If Company A doesnt want to hire me, I am thinking of transferring H1b to any sponsoring employer. I believe i know answer to this question. Let me know if i need to be aware of anything here.

Thanks All

[shervin143]

Answers below.

Hi All,

I currently have a H1b visa with company A vaild until 2012. This company is American based and does not have any offices in India. i have a personal situation where I have to live in India, look for a job in India for next 6-10 months. I want to come back to US depending on the situation in India.

1. I am planning to resign with Company A and return to India. Is this the right step or there is something that can be worked out to keep my status valid. I have a company lawyer whom I havent talked to yet.
>>> You can do that. There is no status when you are out of the country.


2. I will convince Company A to re-employ me after 6-10 months.What steps need to be done for this to happen.
>>> If Company A doesn't revoke your H1B, then you you can travel back with the same petition to work for Company A. However, you will need a new employment authorization to show at the POE.


3.If Company A doesnt want to hire me, I am thinking of transferring H1b to any sponsoring employer. I believe i know answer to this question. Let me know if i need to be aware of anything here.
>>> Make sure you get all your pay slips (will help to prove that you maintained your status) and file your tax before you leave. You can transfer to any other company with the copy of the existing approval notice (The receipt number is required to prove that you are already CAP counted.)

Thanks All

[texas1235]

Thanks Shervin. I will file my W2. I wanted to know if my current employer agrees, can I work from India on his payroll while I am living there for 6-8 months.

If yes, what about my tax status in US and India ?

[sk4ih]

Your employer has to tell you if you can work from India (or anywhere).
I think you have to pay tax in both countries. Consult a CPA.