Remote Work after h1b visa petition sent back to the USCIS for reaffirmation(Urgent Please)

[balaji1982]

My H1b renewal visa petition refused at US Consulate, delhi and sent it back to USCIS for reaffimation. but still I'm working to my client remotely. I'm planing to transfer my H1b petition to new employer. Once my new employer got visa approval from USCIS,

1)can I work remotely(i.e. from India) to the my client from that day which we received visa approval from USCIS without having visa in the passport?

2) my new employer can run the payroll for that month which I'm working from India without having visa in the passport(i.e. later I will go to stamping on new employer visa petition)?

I guess I'll will not come under new H1B quota(i.e. transfering visa to new employer) and H1B visa regulation will not apply to my case. But I'm not sure. please help me and give your suggestions

[permaudit]

My H1b renewal visa petition refused at US Consulate, delhi and sent it back to USCIS for reaffimation. but still I'm working to my client remotely. I'm planing to transfer my H1b petition to new employer. Once my new employer got visa approval from USCIS,

1)can I work remotely(i.e. from India) to the my client from that day which we received visa approval from USCIS without having visa in the passport?

2) my new employer can run the payroll for that month which I'm working from India without having visa in the passport(i.e. later I will go to stamping on new employer visa petition)?

I guess I'll will not come under new H1B quota(i.e. transfering visa to new employer) and H1B visa regulation will not apply to my case. But I'm not sure. please help me and give your suggestions

1.) Yes, you can work remotely from India. regardless of ur visa interview status. Only thing is you cannot have your payroll run in the US without a valid work permit(i-94).

2.) No, Your new employer cannot run the payroll, when you dont have a valid work permit(that is I-94, if its not attached to your H1 approval copy). Please Cross check on this point again.

3.) You will be exempt from H1B quota, since you have held a H1 already.

All the answers are only based on my experience.

[florida225]

@balaji

you can work remotely until ur employer recieves the revoke letter from uscis

so visa is just to enter USA but it doesnt say u cannot work

so u have a valid h1b petition still so u can work. until ur employer recieves revoke letter

this info i got from attorney

Thanks

[satyab.2002]

Hi,

Even i am in the same boat.

Senior members, please suggest

[JoeF]

You can work remotely from outside the US. But you may have to pay taxes in your home country. Consult with a good CPA knowledgeable about international tax issues.