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Robert Kumar
11-15-2010, 03:11 PM
Friends,
I have a plan to go to India to upgrade my skills. I am currently on H1 visa, I have EAD and AP due to July 07.
H1 expires in April 11, EAD in Jul 11 and AP is to be renewed as it is expired.

Please let me know how can I maintain my H1 status if I take a training break for 6 months, and plan to work in SAME company in India, and will be joining SAME company again once I come back.
Is it OK to not take pay during 6 months in India. If I join Indian company for 6 months, does it indicate intent to abandon my US greencard. In that case how can I be on US payroll and maintain my status.
Can I just come back on EAD/AP and forget H1?
My PD is 2004.

Thank you.
Bobby.

Robert Kumar
11-16-2010, 06:51 AM
Any advice, please .. Gurus..

I have checked the other thread, and could get only some information.
Is it legal to take 6 months leave on H1B and still be on payroll. Or get paid the minimum hours.
I prefer take full leave.

What would you do if you were in my shoes. I absolutely need to get the training, and must go to India. that is the given condition.

Thanks,
Bobby.

hpandey
11-16-2010, 08:56 AM
Why can't you take the training here ? I am sure whatever training - technical or otherwise is available in India is available here too.

Robert Kumar
11-16-2010, 10:26 AM
Why can't you take the training here ? I am sure whatever training - technical or otherwise is available in India is available here too.

I did try, but I dont have real project experience in which some custom tools of my company are used extensively. And to get a real experience and speed, and as others in my company come equipped with, I felt it is a good idea to do this way.
So what are my options to keep my status legal.

a_yaja
11-16-2010, 10:46 AM
Any advice, please .. Gurus..

I have checked the other thread, and could get only some information.
Is it legal to take 6 months leave on H1B and still be on payroll. Or get paid the minimum hours.
I prefer take full leave.

What would you do if you were in my shoes. I absolutely need to get the training, and must go to India. that is the given condition.

Thanks,
Bobby.

Why do you think you are in trouble? As long as you have a valid H1B to enter the US you should be fine. Once you are out of the US, you longer have any status in the US (immigration status applies only when you are in the country, not when you are outside it). If your are confident that your priority date will not be current before you get back, you don't need an AP either as the H1 visa should be sufficient to get you get you back in this country.

If you are going to India to your employer's location, make sure that you have the correct paperwork (for e.g. company should say that they are sending you to India for training, etc. and while in India you will be paid in Indian money, etc, etc).

Note: This is not legal advice - only my opinion. Please consult a qualified Immigration Lawyer for proper guidance.

Robert Kumar
11-17-2010, 07:36 AM
Why do you think you are in trouble? As long as you have a valid H1B to enter the US you should be fine. Once you are out of the US, you longer have any status in the US (immigration status applies only when you are in the country, not when you are outside it). If your are confident that your priority date will not be current before you get back, you don't need an AP either as the H1 visa should be sufficient to get you get you back in this country.

If you are going to India to your employer's location, make sure that you have the correct paperwork (for e.g. company should say that they are sending you to India for training, etc. and while in India you will be paid in Indian money, etc, etc).

Note: This is not legal advice - only my opinion. Please consult a qualified Immigration Lawyer for proper guidance.

Thanks for your advice. I will certainly check with Lawyer.

1. So are you all saying I can just walk out anytime and come back any time and during the gap, I can be on leave. And H1 status is not disturbed, as salary must be paid only when I am here, and not out of country.
2. How does it work on payroll.
3. Or is it like I join the company again. As I said in my case I'll be working in Indian office for sometime. Do I need to get in India office pay roll, or will it be ok to get US salary (minimum hours) or no salary (leave).
4. How long can one take leave, if one has to, on H1B. Any experiences, and issues at port of entries, or 485 stage approval, please.
Thank you,
Bobby.