Working remote for U.S employer while on 221G

[syed javeed]

Hi,

Can someone help me with this question on whether it is legal to work remotely from india while on 221g?

I came on vacation for 3 weeks with a valid H1b extension.I went fro my visa stamping and i got a pink slip 221g on administrative processing.

My passport is with the U.S Embassy and i expected it to be returned in a weeks time.But it has been 3 weeks now and my employer thinks it is not legal for me to work remote.

Is it ok to work remote and keep the U.S payrool running ? does USCIS allows it.

I thought it should be fine since 221g is not Visa rejection and i should get my passport soon.

Thanks for your time..

Regrds,

Syed

[gcjourney]

You can work remotely. Visa processing has nothing to do with if you can or cannot work remotely as long as your client manager is ok with you however I would think your manager would want you in person at the work site.

[newdisplayname]

I worked for my employer for almost 4 months while my visa underwent administrative processing. So don't worry about it. It is absolutely legal as long as your employer keeps you on job.

[sg1010]

^{Yes it is legal as long as your h1b status is valid.}

[JoeF]

^{Yes it is legal as long as your h1b status is valid.}

It has nothing at all to do with an H1.

A person who is abroad is by definition not in any status.

It is perfectly ok to work remotely from the home country. The person may have to pay taxes in their home country, though.

[syed javeed]

Thanks..appreciate your help

[sg1010]

It has nothing at all to do with an H1.

A person who is abroad is by definition not in any status.

Are you sure? Don't you need some sort of work permit? In this case, a valid h1b petition (I.e not expired or revoked?)

[pontevecchio]

Nobody needs a work permit in the country of his citizenship.

[rds001]

Hi,

I am in same boat. I received 221g and submitted required doc on 17th April. But still there is no update. So since last month I started working remotely.

My H1b is valid till Sep 30th 2012.

1) Am I eligible for H1 extension while in India?

2) If not, Am I eligible for H1 transfer? (Because I am worried if I do not get any update from consulate before sep 2012.)

Thanks,

Rahul