Working from outside USA while H1B transfer is pending


(Anonymous) #1

Hi Anil

After I joined Company B on the receipt# and travel Outside USA considering the fact that Company A’s I-94 valid until 08/2019 & stamping on the passport was expired on 12/2017 and H1 petition was revoked by Company A.

I can wait until my H1 approved outside USA and can attend visa stamping outside USA with Companies B’s approval

my questions.

  1. Can I remotely continue working for Company B as I already started working on the receipt in US for couple of months now ?
  2. Will there be any issues in getting the approval if you travel outside USA and transfer is pending and remotely working outside USA?

Thanks,


(Anil Gupta) #2

By remote, do you mean working for company B from outside USA?

If yes, then once you are outside USA, H1B has no role to play at all. H1B is only active as per US immigration law if you are on US soil. Once you are outside, you are governed by that country’s laws.

So, you can work as long as your employer is okay with it.

I do not see any issues as you are out of US immigration law.


(bob) #3

Thank you. Is there any issue while filing taxes ?


(Anil Gupta) #4

I have not heard of any issue till date.

Your employer is responsible to maintain their account and how they pay you money.

Normally, people do work from outside USA but I don’t recommend doing it for extended period i.e. more than 3 months.


(bob) #5

Thanks … My H1 transfer is filed with California Service Center on 14thSep-2018.
By checking the processing times on USCIS it will take another 6months or so get a decession.
Is there any chance of getting an update before that in regular processing ?

I appreciate your patience.

Thanks,
Veera Podila


(Anil Gupta) #6

I don’t think you will get any decision from California service center anytime before 8 month.