H1b admin processing over 2 months

[peter_boyd]

Hello

I am in a situation where i got 221g admin processing for H1b-visa stamping, i went to Mexico for stamping and they kepts passport for 3 days and returned it with 221g, I am working for a desi company and my desi company has contract with prefered Vendor and Prefered Vendor has contract with Real Client, my issue is

(1)I am still working for a client remotely from India from past two months, is that legal ? Can i work for client with same company on H1-b status remotely ?

(2)Its been 2 moths and one week now, my h1-b will become invalid if i dont get back in US within 3 months ?

Please advice.

My client is asking all questions and not sure what should be my response ?

[white_slip1980]

I am not sure why working from India is a problem when your H1B is under processing. Its like working from home. I worked during my processing and dont expect any issues with that. Maybe someone else knows better.

[sanjivvinaik]

(1)I am still working for a client remotely from India from past two months, is that legal ? Can i work for client with same company on H1-b status remotely ?

It is legal to work for client remotely as long as your visa is not rejected and is under review.

(2)Its been 2 moths and one week now, my h1-b will become invalid if i dont get back in US within 3 months ?

Excuse my ignorance but i m not able to understand your question? You mean to say visa stamped will expire or your approve I797 will expire?

[peter_boyd]

Thank you for your response, i mean I797 will expire ?

[sanjivvinaik]

If your I797 expires and you still do not get the visa and if your review get complete after "Till Approved" date of I797 then consulate will reject the visa application.

To tackle this you need to talk to your employer / lawyer and see if they can file a new H1 for you. As long as your application is under review you can get new H1 (without cap) and then you can take new approved I797 and appear for the interview.