H1B visa - going out of US for couple of months

[bokibxs]

- my H1B status is valid until 2015
- my H1B visa expires soon
- I'm going home for personal reasons and will stay for 3-4 months and while there I'll get new H1B visa
- my employer wants me to work for him from my country while I'm away

My question is should my employer keep me on W2 or should I work as a contractor while out of US?

[kabkaba]

It does not matter.

[bokibxs]

It does not matter.

I prefer to have my employer pay me as contractor, but he is not going to do that unless I have official document to prove that is ok, can somebody send me links to all H1B laws and regulations? Thanks

[kabkaba]

If you are outside the US there is no H1B status, it makes no difference who you work for and whether and how you get paid.