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Need Suggestions/Options - H1B 6 Years completing in 7 months

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  • Need Suggestions/Options - H1B 6 Years completing in 7 months

    My Employer is US based and doesn't have offices in India. I am working on H1B.
    My 6 years after including all vacation time will complete in 7 months by June 2020. Got approval also till June 2020.
    Couple of months back we got Prevailing Wage and then my GC process stopped before starting recruitment because there were some layoffs in my company and Immigration team said, they cannot file for next 6 months if there is layoff.
    So, latest they can file is end of March 2020
    This will give me only 3 months before end of 6 years.
    I calculated required time as 6 Months atleast => 2 Months for recruitment process, 2.5 Months for PERM, 1 Month for I140 in premium and another 15 days to at least file H1B.
    So, I definitely need additional 3 months.
    Can you please suggest if any of these options will work?

    1. Go to India and work from there for 3 months now when I have valid H1B and then extend H1B for another 3 months using this vacation time
    - Is it allowed to work on H1B for 3 months from India ?
    2. Work till June here, then resign as my employer cannot keep me without H1B. Meanwhile, let company continue GreenCard process from March. Once I140 is ready, apply for H1b extension, then stamp and come back. My company is okay to take me back as long as there is valid H1.
    - By June, I would have maxed out. Still, can I get H1 extension after I140 is approved ?
    3. Any other options I have?

  • #2
    Once you leave the US you are no longer on H1. Whether you can work from India or not is solely between you and your employer. That is of no concern to USCIS i.e., has no affect on your future H1 status or GC processing.The best course of action would be to have a discussion with your employer regarding how long you can work from outside the US, and plan your departure accordingly so as to leave enough remaining time on your H1. Once your I140 is approved, apply for a H1 extension, get a visa and come back to the US.
    Just an opinion; Not legal advice.


    • #3
      Great thank you.
      My only concern is: My US Employer hired me based on H1B. If I am not in H1(by leaving out of US), then employer won't have a way to show me as legal Employee.
      But I guess it's up-to company policy to either accept or not working from India.
      I will follow-up with them and proceed to work from India.


      • #4
        Your legal employees status has got nothing to with your immigration status viz., you need not be a H1 employee to be a legal employee of that company.
        Just an opinion; Not legal advice.


        • #5
          Today I got further update. My Immigration team confirmed, they won't be able to proceed with Green Card process for next 1 year. But my Management is committed to proceed with this process atleast after 1 year.
          Obviously, I am going to go to India and join some other Indian company. My company will pursue the GC process meanwhile as it is for future job.

          1. In this scenario, can my current employer file H1 Extension after I140 is approved while I am working in India ? Or should I wait till Priority Date becomes CD ?
          2. Should I leave some gap in 6 years and leave early ? My 6 years with vacation completes by June. If I would like to recapture my H1 time and travel back after I140 is approved, when should I leave US ? can I leave by April so that it will give me 2 months remaining in 6 years and I can extension for that after I140 is approved and travel back?
          3. Or, it doesn't matter and I can finish all 6 years and go to India. Then once I140 is approved, I can get H1 extension even though my 6 years is completed ?
          Last edited by aaplesla; 11-13-2019, 05:41 PM.


          • #6
            Hi Seniors,

            Can you please advise?

            Thank you.