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KDash

Guidance while traveling to India for H1b visa stamping

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Hello Sir/Madam, 

I am traveling to India within a month. I will also need to get my H1b visa stamped during the process. I have not traveled to India since 2013 when I was on F1 visa. I work directly as a full time permanent employee with the State Government in Nebraska. I had the following questions: 

1. In the event, a 221g situation arises, can my employer still run my payroll?

2. My employer allows for telecommute option and I have provisionally been approved for about 5 days. However, I am getting conflicting pieces of information from people who say that if I were to telecommute, then my employer would need to file an H1b amendment. Can you please comment?

3. My spouse has an approved H4 EAD. If a 221g situation arose, would it impact her H4 EAD too? 

4. Finally, if my employer allows me to carry my work laptop for working overseas, is it in contravention of some law? 

I would really appreciate if I can get some good responses on these questions. 

Thanks,

KD

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1. You are first time H1b applicant. What is the reason that you think you will get 221g? Is there anything suspicious? In case you get stuck, there will be some time during which you are on company payroll, depending on company policy. Despite the fact that getting visa stamped is part of your employment any problem you encounter should be covered by company, this may not happen. Contact company attorney to clarify this before leaving.

2. If you change anything of that significance in your employment, sure amendment is mandatory per H1b visa requirement. Stop talking to people who do not have experience and like to scare others.

3. She is dependent on your visa status.

4. There is nothing illegal, unless employer doesn't make it official. 

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