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Being inactive while on H1B

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  • Being inactive while on H1B

    I have been out of the country for 9 months, technically not working for my employer but they still have me on their H1B. They want me to come back and resume my employment. My visa is valid til mid 2009.

    Can i go back to the US without any problems?


    Can an employer have you on staff but not pay salary or taxes, since I couldnt work for them for the past few months.

    I saw this on the USCIS website:
    Q : Must an H-1B alien be working at all times?

    As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.


    Anyone have any advice of information?

    Thanks so much!
    A.
    Last edited by apoona; 07-21-2008, 11:08 AM.

  • #2
    You need not get paid if you are outside the US. As long as the petition is valid, you can enter with a letter from your employer that your job is still available for you upon your return.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment


    • #3
      thank you so much for the information.

      i will get such a letter from my employer for my return to the USA.

      just to confirm - so its ok that all of this year I didnt get paid and the employer didn't pay any employment taxes right?

      thanks so much!!

      Comment


      • #4
        [QUOTE=apoona]

        just to confirm - so its ok that all of this year I didnt get paid and the employer didn't pay any employment taxes right?

        [QUOTE]

        That is NOT ok if you were present in the US and did not get paid. The other scenario has been discussed and that has no impact. Apply to your case as applicable. You should give the complete facts in the first post. You have been out of status for more than a year if you were in the US and did not get paid and will have serious consequences with your Green card, H1b and re-entry visa stamps. You need to talk to a lawyer ASAP!
        Last edited by txh1b; 07-22-2008, 08:23 AM.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

        Comment


        • #5
          I have NOT been in the US since December last year.
          Therefore the time I did not get paid was time I was NOT in the US.

          Throughout the time I was in the US I was getting paid and my employer did pay all taxes.

          Comment

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