Can my H1B employer send me on international
3 attorney answers
You can be employed abroad after you have been issued the H-1B status. The time that you spend outside the U. S. can be recaptured when you apply for an H-1B extension. You also will be cap exempt when your employer files the FORM I-129H in 2017.
They could and the time outside of the USA will not count towards the H1B tenure limit even if you work for them there.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
US Immigration laws only apply on US soil. International Assignment is fine. When its time to come back in 2017, employer can refile the petition, and you will not be subject to H-1B cap. You do not have to worry about maintenance of status, when you are not on US soil. Also note, only the time spent in US on H-1B counts towards 6 years of H-1B. So all the time spent on international assignments is not counted.
Please note: This is not a legal advice and does not create attorney client relationship. Please do not rely on online advice and act on your immigration matters only after consulting an attorney. Anything posted by Jay Terkiana on any online blog, including website www.immigration.global should not be considered legal advice.