Travel to India on a Contract job- H1B

[jayesh423]

Hi,

I am working for public transportation company on OPT. My contractor has filed H1B and I hope it will be approved in October, 2010. My OPT is valid till January 14, 2011 and I don't have OPT extension..

I am going to India in November 2010 and coming back in December end. I've few questions about my visa status.

1. If H1B gets rejected for some reason, I am thinking of taking admission to university and maintain F1 and then go to india. I don't want to take risk by traveling to India on OPT. Please let me know whether it is advisable.

2. If H1B gets approved- Currently, I am paid hourly so when I will be in India, I will not get paid. Is there anything that I need to take care of while I am in India on H1B but not getting paid? I am searched forums but I didn't get results on these points. I heard from my friends that my payroll has to run while I will be in India. They mentioned- Even if it's for part-time- 20hrs/week, it is fine.

Please guide me what I should be doing in my case.

Thanks,
Jay.

[kabkaba]

Hi,

I am working for public transportation company on OPT. My contractor has filed H1B and I hope it will be approved in October, 2010. My OPT is valid till January 14, 2011 and I don't have OPT extension..

I am going to India in November 2010 and coming back in December end. I've few questions about my visa status.

1. If H1B gets rejected for some reason, I am thinking of taking admission to university and maintain F1 and then go to india. I don't want to take risk by traveling to India on OPT. Please let me know whether it is advisable.

You can certainly return on your F1 Visa for OPT if you already have a job and just returning to resume it. But, if you want to study again in some program, you will need to complete SEVIS transfer from your previous school to new school.


2. If H1B gets approved- Currently, I am paid hourly so when I will be in India, I will not get paid. Is there anything that I need to take care of while I am in India on H1B but not getting paid? I am searched forums but I didn't get results on these points. I heard from my friends that my payroll has to run while I will be in India. They mentioned- Even if it's for part-time- 20hrs/week, it is fine.

You are allowed to take unpaid leave from work if you are not physically present in the US. This 'running payroll' stuff is not correct.

Please guide me what I should be doing in my case.

Thanks,
Jay.

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