My current H1 extension is denied.
My i-94 is already expired and since the denial decision came post i-94 expiry I know that I am accruing unlawful presence.
Hence I am making plans to to leave USA ASAP(probably in 10 days). My question is since I will be re-filing the extension in consular processing and try to get the approval.
As the client is OK for me to work remotely until my work authorization is resolved, my understanding is I am legally eligible to work remotely .
Is this correct assumption or am I legally not allowed to work to the client ?
Once you are out of US, US immigration law does NOT apply to you.
Your work will be governed by the law of the country you are residing and working in, even though you are working for US employer remotely.
It is up to your US employer to figure out how they will pay you the salary.
Thank you for the reply. My US employer has a office In India where I intend to work. So this way I work for the client remotely under my employers India Office. And also during this time I will be filing the H1 in consular processing to come back to US. This way I have all the existing contracts between Client–>Vendor–>Employer as is . Is this even a valid scenario for a EVC model contractor. Or am I not in compliance with any of the laws. Please do let me know.
As I already said, once you are out of USA, nobody in USA cares about what you do.
Your employer will show you as a resource in India during the time you work for them from India. They will pay you salary in India and hence it would have no consequence for you in USA.
Not sure what you are really worried about here.
Regarding the EVC model and your H1B, it only comes into picture when you are INSIDE USA.
What you do with this EVC model outside USA is not US’s concern. They don’t care.