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Ely
Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 3803
Experience:  Private practice in several areas, including immigration
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I am on H1B visa last 10 years. I have an approved I-140

Customer Question

I am on H1B visa for the last 10 years. I have an approved I-140 petition and waiting for priority date to get current. I have an upcoming H1B renewal from 2016-2019 (3 years) due to approved I-140 petition.
However I have been working abroad past 2 years with payroll being run in the US. I do travel to US for few weeks twice/thrice a year during which I have stayed not more than 15 days per visit.
I would be present in the US from two months prior to the visa extension filing until the extension is adjudicated. The job requirements, duties, location in the US etc. all are the same from the prior extension.
My question is, will USCIS have any concern with the extension due to my less presence in US from the past few years.
Can they deny the extension based on the fact that this job is no longer required in the USA since the candidate has been working from offshore location for most of the time. Not that I would submit all the details of my travel abroad in the extension
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith replied 1 year ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

What visa status do you enter with when you come in from off shore?

Judith

Customer: replied 1 year ago.
Hello Judith. I use H1B every time I enter the United States as it is valid with an approved I797 petition. My job is always active and paid in the US whether I am in or out of the country.
Expert:  Judith replied 1 year ago.

As long as you are paid in the US there should be no issue with the extension.

USCIS will know of your arrival and departure dates so it may be wise to explain the nature of your off-shore work requirement but that you are on US payroll, supervised and controlled by US manager and paid per the LCA and petition requirements.

Otherwise they may issue an RFE. Be on the offensive,not defensive.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Understand, it is my job to be honest and truthful about the law and sometimes the law does not give you the solution or options you want. Kindly give me a positive rating when you are done. If you feel I earned a BONUS, I am grateful. In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

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