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  • suspension my h1b

    Hello.

    Couldn't find any cases like mine on this foru, but maybe someone has idea what the right way in my situation.
    Thanks

    I was working for 2 years for my US sponsor on H1B visa, but now I decided to come back to home. I don't know if I want to come back in future or not. I'm still working for my US employer from the outside of US and getting my salary on US bank and pay my US taxes. So there 2 questions:
    - is there any way to suspend my h1b visa and stop paying taxes and continue working from the outside as self employed? How complicated is obtaining my h1b visa back if I decide to come back to US?
    - how often should I come to US to keep my H1B visa if I'm working outside the US?
    - what the right way to keep visa, but do not pay US taxes if I'm not living in US?

    thanks

  • #2
    Originally posted by bk1 View Post
    Hello.

    Couldn't find any cases like mine on this foru, but maybe someone has idea what the right way in my situation.
    Thanks

    I was working for 2 years for my US sponsor on H1B visa, but now I decided to come back to home. I don't know if I want to come back in future or not. I'm still working for my US employer from the outside of US and getting my salary on US bank and pay my US taxes. So there 2 questions:
    - is there any way to suspend my h1b visa and stop paying taxes and continue working from the outside as self employed? How complicated is obtaining my h1b visa back if I decide to come back to US?
    - how often should I come to US to keep my H1B visa if I'm working outside the US?
    - what the right way to keep visa, but do not pay US taxes if I'm not living in US?

    thanks
    There are two different issues here one is H1 usage, and the other is taxation of your income .

    As far as I understand taxation, you should be paying taxes as per the country where you are resident of. As for determining your resident status for each country you would have to refer to local tax expert of the country you are residing in. Taxes are a reality, if you are not paying them in US you have to pay them in the country of residence.

    As for suspension of H1B, there is no option of a suspension as such. Simplistically speaking, one can use the H1 for a max of 6 Years as logn as you have not exhausted those 6 Years you can try to re new it. Also, you can renew the H1 only if you have been on H1 status in last 6 Years.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      There are two different issues here one is H1 usage, and the other is taxation of your income .

      As far as I understand taxation, you should be paying taxes as per the country where you are resident of. As for determining your resident status for each country you would have to refer to local tax expert of the country you are residing in. Taxes are a reality, if you are not paying them in US you have to pay them in the country of residence.

      As for suspension of H1B, there is no option of a suspension as such. Simplistically speaking, one can use the H1 for a max of 6 Years as logn as you have not exhausted those 6 Years you can try to re new it. Also, you can renew the H1 only if you have been on H1 status in last 6 Years.

      This is my opinion not legal advice.
      Thanks for your reply.
      Do you know how complicated is renew the H1B if I close it now and decided to renew in 2-3 years? as I understood I don't eligible for Cap in this case, but how complicated all paperworks and costs?

      Thanks

      Comment


      • #4
        Originally posted by bk1 View Post
        Hello.

        Couldn't find any cases like mine on this foru, but maybe someone has idea what the right way in my situation.
        Thanks

        I was working for 2 years for my US sponsor on H1B visa, but now I decided to come back to home. I don't know if I want to come back in future or not. I'm still working for my US employer from the outside of US and getting my salary on US bank and pay my US taxes. So there 2 questions:
        - is there any way to suspend my h1b visa and stop paying taxes and continue working from the outside as self employed? How complicated is obtaining my h1b visa back if I decide to come back to US?
        - how often should I come to US to keep my H1B visa if I'm working outside the US?
        - what the right way to keep visa, but do not pay US taxes if I'm not living in US?

        thanks
        Hello bk1,

        I am in a similar situation as you. My 6 years of H1B visa will expire in the end of 2016. I wish to go back to my home country. But I am not sure if I would want to come back to US or not. Thats why I am thinking of suspending my visa. Did you get the answers to your questions? Do you know for how long can the H1B visa be suspended.

        Please let me know as I have the same question as you do.

        Thank you.

        Comment

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