H1b Cap Gap 2019

[subhash7161]

Hello, Recently my Employer had filled for H1b in Cap gap and I was picked in the lottery.  I didn't get any response from USCIS from 5 Months. 

My question is 1. can I travel to India while h1b is in processing? (Right now I am in Valid Stem OPT which Expires in Jan 2020) and I working as a Full-Time Employee for XYZ company.

                          

[pontevecchio]

You can travel. But if your H1 petition is approved you can only return with the H1 visa as the OPT is gone. If your H1 is not approved you can return on the F1 visa to resume your OPT. If the H1 is approved after you return, you will need to leave and come back with the H1 visa. If getting a H1 visa is not a matter of concern, there is not much of a problem.

[Shane K]

Hi, I am currently on cap gap expiring Sep 30, 2018 and there is no decision on my H1B petition (under RFE).

Post October 1, 2018 if I return to the home country and work remotely in home country for the job in the US and get paid in the US for the same job (US employment continues) until my return after I get the petition approved and visa stamped in the US consulate (Home country):

• would I run into any issues with immigration? (Tax implications being separate).
• Is this advisable? What are the risks as opposed to staying in the US and going on leave of absence until a decision is made on my H1B?

Thanks!