H1B Validity

[dbjpr]

Hello All,

I started working on H1B since June 2011, In Feb 2012 I went to India to complete my PHD, I’m planning to return in Dec 2012. I’ve following questions:
1) How long can I stay outside US without working and maintianing H1B with same company? Are there any legal repercussion?
2) It is more than 9 months I’m out of work and US, Is my H1B still valid?
3) Am I out of status since I’m out of work and US since last 9 months?
4) What are the options available to return if my company layoff because I’m out of work and US ?
5) I don’t have latest pay stubs since I’m of out of work, can some other company transfer my H1B without pay stubs? I’ve valid Visa till March 2014.


Thank You

[kabkaba]

Hello All,

I started working on H1B since June 2011, In Feb 2012 I went to India to complete my PHD, I’m planning to return in Dec 2012. I’ve following questions:
1) How long can I stay outside US without working and maintianing H1B with same company? Are there any legal repercussion?
-- Does not matter.
2) It is more than 9 months I’m out of work and US, Is my H1B still valid?
-- Has the petition expired? Does the employer still have a job for you?
3) Am I out of status since I’m out of work and US since last 9 months?
-- There is no status outside of the US.
4) What are the options available to return if my company layoff because I’m out of work and US ?
-- Find another employer and they can file cap-exempt petition for you.
5) I don’t have latest pay stubs since I’m of out of work, can some other company transfer my H1B without pay stubs? I’ve valid Visa till March 2014.
-- Paystubs are needed only for the period you are in the US.


Thank You

See above.

[dbjpr]

See above.

Thanks for your reply. My petition and visa is valid till March 2014. However my employer decided to discontinue.

[kabkaba]

In that case, your only option is to find another employer who can file cap-exempt petition for you.