H1B approved Petition + 221(g) = Legal Status?

[DesiRockstar]

Hi,

I am working for an Indian Software Company. 

1. In Oct 2017, I moved from Chicago to New York region. At this time, my passport had an H1B visa stamped until Oct 2018.

2. So, my company filed an LCA, H1B amendment and for Visa Extension. My petition was approved and I got a new I-797 valid until Oct 2020

3. Now, in Mar 2019, I came to India for a vacation. Since my Visa in passport was expired in Oct 2018, I went for the Visa Stamping. At this time, the Officer issued me 221(g) and asked me to submit additional documents - One of which was the client letter which I did not have at the time of interview.  After submitting the required documents to US Consulate, my company informed me that the response time from US Consulate is 60 days and that they have will move me from US payroll to India payroll

My question is :

1. Since I have an approved petition until Oct 2020, can I legally continue to be on US payroll (and receive US Salary) during the time the decision for 221(g) is pending? 

2. If my company moves me back to India Payroll immediately, can this bounce back on me when US Consulate is reviewing my application for decision?

Any help in this regards is highly appreciated.

Regards,
DesiRockstar

[LeaveMessageH1B]

On 3/27/2019 at 12:22 PM, DesiRockstar said:

they have will move me from US payroll to India payroll

this is strange

 

On 3/27/2019 at 12:22 PM, DesiRockstar said:

can this bounce back on me when US Consulate is reviewing my application for decision?

probably on you and company as well