I recently got approval on a H1B application that I filed with a U.S. Company. However, last thursday I recieved a full scholarship from a very prestigious University in Europe. After thinking a lot about it for, I decided to take the scholarship.

I told my employer of my desicion and they are still interested in having me working with them after I complete my master's degree in Europe. However, they would prefer not to reject the visa for which I already had approval, but to change the emploment conditions so that I could do some work for them abroad while I get my master's degree, and also be able to travel to the US occasionally when necessary.

My question is: Is that possible at all, or do we have to reject the H1B visa and apply next year?

Thanks

You have to accept the the visa, or it is lost for the year and have to re-apply when you are available to work. However, you can still work for the company overseas. You will just need a B1/B2 visa to come to the U.S. for business, but, obviously you cannot work here then.

Thank you. I guess I would rather accept the visa so we don't have to re-apply. However, on the Labor Application the company stated that I was going to be working full time in the US. Should the company notify USCIS that I'm going to be abroad for a year?

You have to work in the U.S. full time. If you are not, you should then get an L-1.

quote:

Originally posted by federale86:
You have to work in the U.S. full time. If you are not, you should then get an L-1.

I don't agree. L-1 is a more US soil-based or bound type of work visa (lateral transfer from overseas company to US subsidiary) as compared to H-1B. H-1B workers "in constant transit" between the US and India (or elsewhere) are very common in the IT industry.

The only difference is the relationship between the visa holder and company, where an L-1 had to be an employee overseas. However, an L-1 does not have to work full time in the US.

Two different things that you tend to mix up.

L-1 visa is a non-immigrant visa which allows companies operating both in the US and abroad to transfer certain classes of employees from its foreign operations to the US operations for up to seven years.

To qualify for L-1 by either CP or COS, the alien must have worked for a subsidiary, parent, affiliate or branch office of a US company outside of the US for at least one year out of the last three years.

But what we're talking here is what happens next.

You're right, that's the "before" of it. But I don't agree with what you said on the "after" stage. Go ahead, don't let the L-1 NIV holder work on a full time basis in the US (under the sponsor's direct or indirect supervision) and risk not getting renewed.