Is it legal to work from India (for same employer) after 221(g) refusal ?

[Siya]

Hello,

I am in the below scenario and would appreciate some guidance.

I'm on EVC model, attended Visa interview for H1-B in Hyd in May. Received 221(g) visa Refusal in Sept, a standard reply saying employer is not willing/able to provide qualifying employment. And that the case is sent to USCIS. My employer has not been contacted from the USCIS yet.

Is it legal to continue work (from India) under the same model Employer-vendor-client, and get paid for in USD. I mean can my employer run my pay roll after a visa refusal ? Is that possible or am I out of status right now ? Should he run a payroll in India or in Indian Rupees ?

I am asking because I am evaluating my options right now and need some time before I make a decision. In the mean time is it legal to work and get paid for in USD (the same way one would get paid as if in USA) ?

I do not want to get paid unlawfully and donot want this to affect any future petitions.

Experts, gurus, please advice on this matter.

Thanks in advance.

[pontevecchio]

Yes. It is legal. There are tax implications.