Time outside U.S. on 6+ Year H-1 B & G.C. Processing (PERM approved)

[Kumar2010]

Hello,
I am on 7th year of my H-1B and due for renewal again in Feb'11. GC - Priority date is Oct '08, PERM just got approved.

1.Will I get a 3 year H-1B extension or 1.5 years when I renew it in Feb'11?

2. Can I stay for extend period outside the U.S.? For example, in a 3 month cycle, 2 months in India and 1 month in the U.S. I will have my apartment and I will stay on U.S. payroll.

3. Will 2. cause any issues at the Port-of-Entry or for my G.C processing?

I appreciate any clarifications,
Kumar

[shervin143]

1.Will I get a 3 year H-1B extension or 1.5 years when I renew it in Feb'11?
>>> You will only get 1 year extension based on the approved perm. You need the I-140 to get approved to get a 3 year extension.

2. Can I stay for extend period outside the U.S.? For example, in a 3 month cycle, 2 months in India and 1 month in the U.S. I will have my apartment and I will stay on U.S. payroll.
>>> Not sure what exactly you are trying to ask. You staying out of U.S will not have any impact.

3. Will 2. cause any issues at the Port-of-Entry or for my G.C processing?
>>> No issues.

[Kumar2010]

Hello shervin143,
Thank you for the answer. On 2., what I am asking is, does H-1B visa require me to physically present in the U.S. & perform the work . If my employer agrees, can I work from India for about 2 months and come back to U.S. for a month in a given 3 month period with an understanding that this is a longer term arrangement? Is that case within the bounds of the H-1 B rules?

Hope that's clearer..
Kumar

[shervin143]

That should not be a problem. You can stay out of the country while you are in H1B. Any time spent outside can be recaptured later to extended the H1B if you have all the supporting documents like Flight Tickets, Boarding passes, I-94, entry exit records in passport, then you can claim it later.

Hello shervin143,
Thank you for the answer. On 2., what I am asking is, does H-1B visa require me to physically present in the U.S. & perform the work . If my employer agrees, can I work from India for about 2 months and come back to U.S. for a month in a given 3 month period with an understanding that this is a longer term arrangement? Is that case within the bounds of the H-1 B rules?

Hope that's clearer..
Kumar