H1-B violation if paid after expiry ?

[krishnakumar909]

Hi,

Does getting paid when you are not in US after your 2nd-term H1B expires considered a visa violation ?

Few months before my H1-B expired, I was moved to an office in Singapore temporarily. I was waiting for my permit to work in an office in EU. The permit got delayed for 2 months and the H1-B expired in the mean time. The US office continue to pay me while i was in signapore waiting for EU permit.

Now I have to go to US office for a meeting and it occured to me if the pay after H1-B expiry while not in US can be considered as a visa violation.

Anyone have an opinion based on past experiences or familirarty of the immigration law ?

thanks

krishna

[wiweq]

Getting paid is never considered visa violation, while it may create IRS complications in your case.

[JoeF]

If you are not in the US, you are not in any status, by definition. So, not getting paid while you are out of the US can't be an H1 violation.

[JoeF]

Oh, I guess I got it backwards.. I agree with wiweq. Getting paid in the US while you are outside the US is no problem. But make sure you have evidence that you were outside the country, .e.g, bills, receipts, etc., just in case there is a query.

[krishnakumar909]

@JeoF I was getting paid.

[livliv]

You are not allowed to work after your authorized stay in US ends, in general. You can get paid for past work done after the expiry.

Also, as noted above, if you are outside the US, it does not matter when and how you get paid by your US employer.