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Can H1B Holder work from outside US?

Can H1B Holder work from outside US?

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Old Feb 24th 2006, 12:56 am
  #1  
Ringo
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Posts: n/a
Default Can H1B Holder work from outside US?

Hello,

I am on a H1B visa now, but need to go back to my country for some
time. I have the following queries:

- Can I continue to be on the US company payroll and work remotely
(assuming of course that they are willing to this arrangement)?
- Is there any time-limit that I can be outside the US? I may have to
go for as long as a year.
- Assuming that I come back after more than a year, then does my H1-B 6
year validity period get reset?

Thanks for your replies.
 
Old Feb 24th 2006, 8:47 pm
  #2  
Kevin Keane
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Default Re: Can H1B Holder work from outside US?

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ringo wrote:
    > Hello,
    >
    > I am on a H1B visa now, but need to go back to my country for some
    > time. I have the following queries:
    >
    > - Can I continue to be on the US company payroll and work remotely
    > (assuming of course that they are willing to this arrangement)?

Yes. As long as you are not on US soil, US immigration law does not apply.

    > - Is there any time-limit that I can be outside the US? I may have to
    > go for as long as a year.

No. You can do that for a week or ten years, no problem.

    > - Assuming that I come back after more than a year, then does my H1-B 6
    > year validity period get reset?

Yes. You would also probably need a new H-1B and be subject to the quota
again.

- --
Please visit my FAQ at http://www.kkeane.com before asking a question.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal
counsel rather than relying on usenet newsgroups.

NOTICE: Due to Presidential Executive Orders, the National Security
Agency may have read this email without warning, warrant, or notice.
They may do this without any judicial or legislative oversight. You
have no recourse nor protection save to call for the impeachment of
the current President.
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Old Feb 27th 2006, 3:27 pm
  #3  
Ringo
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Posts: n/a
Default Re: Can H1B Holder work from outside US?

Kevin,

Thank you for your responses.

One more query - do you think there are any risks with this approach
besides the quota issue you mentioned?

Thanks.

Kevin Keane (see Web site for email) wrote:
    > ringo wrote:
    > > Hello,
    > >
    > > I am on a H1B visa now, but need to go back to my country for some
    > > time. I have the following queries:
    > >
    > > - Can I continue to be on the US company payroll and work remotely
    > > (assuming of course that they are willing to this arrangement)?
    > Yes. As long as you are not on US soil, US immigration law does not apply.
    > > - Is there any time-limit that I can be outside the US? I may have to
    > > go for as long as a year.
    > No. You can do that for a week or ten years, no problem.
    > > - Assuming that I come back after more than a year, then does my H1-B 6
    > > year validity period get reset?
    > Yes. You would also probably need a new H-1B and be subject to the quota
    > again.
 
Old Feb 28th 2006, 7:17 pm
  #4  
Kevin Keane
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Posts: n/a
Default Re: Can H1B Holder work from outside US?

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I don't see how your case would be fundamentally different from any
other H-1B, so the risks would be the same.

BTW, if you work for the US company outside the USA for at least one
year, you may also qualify for an L-1 and may be able to avoid the quota.

ringo wrote:
    > Kevin,
    >
    > Thank you for your responses.
    >
    > One more query - do you think there are any risks with this approach
    > besides the quota issue you mentioned?
    >
    > Thanks.
    >
    > Kevin Keane (see Web site for email) wrote:
    >> ringo wrote:
    >>> Hello,
    >>> I am on a H1B visa now, but need to go back to my country for some
    >>> time. I have the following queries:
    >>> - Can I continue to be on the US company payroll and work remotely
    >>> (assuming of course that they are willing to this arrangement)?
    >> Yes. As long as you are not on US soil, US immigration law does not apply.
    >>> - Is there any time-limit that I can be outside the US? I may have to
    >>> go for as long as a year.
    >> No. You can do that for a week or ten years, no problem.
    >>> - Assuming that I come back after more than a year, then does my H1-B 6
    >>> year validity period get reset?
    >> Yes. You would also probably need a new H-1B and be subject to the quota
    >> again.
    >


- --
Please visit my FAQ at http://www.kkeane.com before asking a question.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal
counsel rather than relying on usenet newsgroups.

NOTICE: Due to Presidential Executive Orders, the National Security
Agency may have read this email without warning, warrant, or notice.
They may do this without any judicial or legislative oversight. You
have no recourse nor protection save to call for the impeachment of
the current President.
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Version: GnuPG v1.4.0 (MingW32)
Comment: Using GnuPG with Mozilla - http://enigmail.mozdev.org

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Old Mar 1st 2006, 9:32 pm
  #5  
Mark
Guest
 
Posts: n/a
Default Re: Can H1B Holder work from outside US?

"Kevin Keane (see Web site for email)" <[email protected]> wrote in message
news:haLLf.8075$Tf3.2870@dukeread09...
    >> - Is there any time-limit that I can be outside the US? I may have to
    >> go for as long as a year.
    > No. You can do that for a week or ten years, no problem.

I thought there was a 6 year limit on H1B's - has that been changed?
 
Old Mar 2nd 2006, 1:01 pm
  #6  
Kevin Keane
Guest
 
Posts: n/a
Default Re: Can H1B Holder work from outside US?

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Mark wrote:
    > "Kevin Keane (see Web site for email)" <[email protected]> wrote in message
    > news:haLLf.8075$Tf3.2870@dukeread09...
    >>> - Is there any time-limit that I can be outside the US? I may have to
    >>> go for as long as a year.
    >> No. You can do that for a week or ten years, no problem.
    >
    > I thought there was a 6 year limit on H1B's - has that been changed?

No, but the limit is not relevant while he is outside the USA.

Of course after ten years outside the USA, his H-1B would have expired,
but he could then apply for a new one.

- --
Please visit my FAQ at http://www.kkeane.com before asking a question.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal
counsel rather than relying on usenet newsgroups.

NOTICE: Due to Presidential Executive Orders, the National Security
Agency may have read this email without warning, warrant, or notice.
They may do this without any judicial or legislative oversight. You
have no recourse nor protection save to call for the impeachment of
the current President.
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Comment: Using GnuPG with Mozilla - http://enigmail.mozdev.org

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