H1-B extension in process : Current H1-B expires at end of January 2022 : Working from India


tal2012

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Hello Friends,

I have below situation and have a question. Please let me know your comments / suggestions / advise. I am currently working from India. Our client's offices are still 'Work From Home". My family is in India so I would like to be working from India as much as possible.

- Current H1-B expires at end of January 2022

- Extension filing is currently going on. In fact, it would be files in a week or so.

- Scenario 1 : Let's say my extension is approved before my current Visa expires, but still stamping is not yet done, and I am still working from India, is it OK to continue working though Visa stamping is not yet renewed?

Scenario 2 (worst case): Let's say my extension is not yet approved even after my current Visa expired at end of January and I am still working from India. Can I still continue working from India? Or do I need to consider returning to US before current Visa expires, based on my current Visa stamp?

 

Thank you very much for reading this topic. Have a good time...

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If you're in India- you are not on H1, so you don't have to worry about "working on H1" because you're not on H1. It's simply your US employer is allowing you to work from home county and still willing to pay you in USD (trusting you to meet with tax obligations in both countries). 

Now your extension application- if you employer attorney has not specified in petition that beneficiary needs to get stamp from "outside of country" (CN), petition could be considered as abandoned and eventually end in refusal. So it's a good time to contact employer+ attorney and make specific requests. 

On 11/29/2021 at 5:13 AM, tal2012 said:

Scenario 2 (worst case): Let's say my extension is not yet approved even after my current Visa expired at end of January and I am still working from India. Can I still continue working from India? Or do I need to consider returning to US before current Visa expires, based on my current Visa stamp?

As best of my knowledge, travel to US has resumed on H1b  so you can still gain entry on your existing visa before it's expiry date. 

And it goes without saying keep your employer and it's attorney in loop. 

Good luck

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