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Posted on 06 May 2011
Q.

H1-B, I-140 and LC

Currently employed with Company A for 5.5 years.
PERM & I-140 approved under EB2 category. Priority date Sep2010.
H1B expires Dec2011.

Have offer from Company B, want to hire me on H1B and relocate me temporarily to India for a year. Long term offer is to work in the US.

1. Can I work in India for extended period of time (1 year) while on H1B? I am told that the salary will be paid in USD and I will pay federal taxes to stay in legal status. Are there any issues at the POE during return or during GC process?

2. How should H1B be filed considering that employment is in India for about a year? Should temporary relocation be mentioned in H1B application?

3. What happens if Company A revokes I140 during H1B renewal applied by Company B? Under what circumstances can they do it?

User's Location: Miami, Florida, United States of America
Category: H1B Visa (Work Visa)
Posted on 09 May 2011
A.
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User_thumb_100_Photo_Dimitar_Michailov

Dimitar Michailov
Immigration Lawyer
Capitol Immigration Law Group LLC
(888) 878-4721

www.cilawgroup.com

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