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Discussion in 'H-1B Holders in the U.S.' started by prudhvi, Jun 15, 2017.
Did you find a place already?
Hey, I'm currently in Windsor for a couple of weeks and looking for places. Looking for furnished short term, so it is getting a little harder to find one.
Ok, hoping you find something soon.
I did this when i was having Indian passport with b1/b2. No issues, you can use your car and return using your Canadian work permit. Though 1st time at every border you need to do 10 print which makes around 1 hours total to cross the border.
I hope no one face this situation but what happens if someone gets sick and cannot commute for more than 30 days.
1. Your employer generates pay stubs but what happens for the h1b status, how does one maintain h1b status?
2. You are on contract and your employer does NOT generate pay stubs but what happens for the h1b status, how does one maintain h1b status?
Usually you would take sick leave, STD and then use LTD.
Frankly speaking there is no such thing as contract on H1b. Employer has to pay based on LCA, you must be paid whether you have projects or on bench. As soon as pay stub generation is stopped you are out of status.
One thing you may be able to use is Leave of Absence. This is under FMLA, keep in mind this is for emergency, you cant just use this every time you are out of project and are on bench.
Please do consult good lawyer.......this thing is little complicated and even lawyers have different opinions. Few years back I wanted to take FMLA, talked to two lawyers, they both gave very different opinions, whether I can take FMLA on H1b, so I dint take the leave. Then I heard a friend of mine who took 2 months leave and came back successfully on H1b.
You will be in compliance in both scenarios. You need to be paid only for the time you are on US soil on H1b.
Thanks. The last thing i would like to do is taking the advice from lawyers . As you mentioned, they either don't know because nothing is clearly written in US Govt documents or they are not a good lawyer and you cannot find it out how good the lawyer is. I would like to go with the people who were in the same boat.
Scenario 1 : I myself have stayed out of US on H1b for more than 30 days multiple times. All these times my US companies were generating my paystubs in USA.
a) Several India based companies send their H1b/L1 holding employees out of USA for extended periods ( 6 months onsite, 6 months offshore) and run their payroll in India for those periods.
b) I work for a big US based Consumer Goods company. My company has in-house "Global Mobility" department and works with largest US immigration firm for employees visa processing. One of my H1b holding colleague wanted to work from India for few months due to family issues. He was advised by HR that company would transfer his payroll to Indian office for the duration he wanted to work from India. Off-course, he worked out a deal with his Manager and told HR that he would be working from home from USA for the duration and then went to India.
c) Few US based desi (Indian) bodyshops ask their H1b employees to look for project from outside of USA , while they are off project, in order to remain in H1b compliance. Few of my friends left USA for this reason. Few found project and returned to US while others could not find Project and had to find job in India. Such Desi bodyshops do not run payroll while employees are out of USA.
Got it. Thank you. So its possible and thats what i wanted to hear .
No problem in both scenarios. I work in H1b and I have worked for four months (for personal reasons) from my home in India while getting paid in USD and having US payslips.
Justin's reply is applicable only if you physically live in US. As appny mentioned, H1b status takes effect only in US soil. It doesn't mean anything once you cross US
Actually, I became Canadian last year and got my h1b this year through a consulting firm. I have h1b visa in my hand but didn't join that consulting firm yet and wish to transfer h1b to a full-time job. Reading from different forums, i came to know that its not easy to transfer without pay-stubs and hence thought of joining that consultancy and stay there for 2 pay-stubs, apply for h1b transfer (already have full time job in US and company-B is ready to transfer) return back to Canada, continue in my current full-time job in company-A in Toronto and join full-time again company-B when transfer of h1b is done. I can manage to get pay-stub continue with a consultant if that's required to transfer visa. So i think this is possible.
I presume you got the point that your H1 status gets activated only after you enter US. So you need to get that one or two pay slips being in US, and be paid actually through a bank account or check. Your employer also needs to generate W2 form (tax form) for that income.
hmm...just thinking. H1b is not active yet. Can't he transfer his H1b to company B? When I was on OPT and my H1b was approved, I was told that I can transfer H1b before 1st Oct ( my H1b start date) without pay-stubs but after 1st Oct, I need to wait till few pay-stubs have been generated by the H1b holding company.
Also, W2 is not required for H1b transfer.
W2 not required for transfer, I was generally saying that it was not just about pay slips, and getting really paid.
I think transfer without activating original H1b is a grey area. I have seen people mentioning so in forums, but haven't found anything legal. I was just supplementing his assumptions.
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