Working in India while on H1B.


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Probably this is already asked and answered, but there could be some tweaks.

So, I am working for US employer at US Client's location on H1b visa. I had to travel to India for personal reasons for 3 weeks in Nov' 11. With my extension approved I went for stamping and got a 221g (green). 2 weeks later I submitted the required documents. (Around 2 months later) As a follow-up I got a phone call from US Embassy today. It more of sounded like an interview. She asked me lot of questions, I was able to answer promptly.

One question that was asked worries me is:

Interviewer: You are in India since Nov'11, are you working from here.

Me: Yes, I work occasionally.

My question now is:

1) Does that answer gets my H1b rejected? Am I allowed to work from India without violating any terms of LCA or visa.

2) If working remotely is not a problem, how long would it take for my visa to be approved (considering it is in 221g)?



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Does your US company have an office in India?

<Dilip> No.

Do you have remote working option and can your company provide that in written if questioned further?

<Dilip> The client does allow working remotely (Half of its employees work remotely). I got permissions to work from India. Employer does not have any specific rules for that. I think I should be able to get it in writing from both.

What was the officer's response when you said "occasionally"?

<Dilip> She did not say anything. But it sounded like she was trying to judge 'how come I have a job when I have been in India for more than 2 months'. (I could be wrong though)

Another Update: I got an email from VFS with below content

As per the US Embassy your case is currently on hold under Section 221(g) of the Immigration and Nationality Act (INA) pending the officer’s review. Section 221(g) of the INA prohibits the issuance of a visa to an individual whose application is incomplete or inconclusive, or whose eligibility has not been firmly established.

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