Onboarding new job from India when visa is undergoing 221G process

Applied Material / Other
superfaang

Go to company page Applied Material Other

superfaang
Apr 20 19 Comments

Can you onboard a new job from India when visa for the previous employer is undergoing 221G process?

I had already resigned thinking everything will go smooth but it didnt. I have an approved I 797 for the new employer but so can I onboard?

My 221 g is taking a long time and its been a month since my passport is with the consulate. What are my options? My employer says I can't onboard from india due to tax reasons but then how are people coming to India and still working from home?

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TOP 19 Comments
  • Google
    asdfqweruy

    Go to company page Google

    asdfqweruy
    Coming to India on a break once your work authorization is approved is different from working for a US employer without work authorization.
    Apr 20 6
    • Verizon
      Evn123

      Go to company page Verizon

      Evn123
      No need to go on leave since you are out of USA . Any employment outside USA is not counted towards H1B tenure days . So you be working 5 years outside USA if your employer allows and 1 year in USA even so you willl still have 5 year remaining on your total 6 years of H1B
      Apr 20
    • Applied Material / Other
      superfaang

      Go to company page Applied Material Other

      superfaang
      OP
      I think some of you are confused between maintaining status and visa. Visa is only for travel purposes and has nothing to do with maintaining status.
      Apr 20
  • Intel
    zcLE73

    Go to company page Intel

    zcLE73
    Bad idea man!
    Thats why they tell you to stay in US till you get the h1 transfer and have moved to the company.
    Since your last stamping was applied for your previous employer, especially in 221G, if they reach out to your previous employer. You are no longer employed and will not be able get the stamp.
    This is a very tricky and weird situation for you to be in.
    If 221G exceeds 60-90 days(dont remember the exact days) then immigration lawyers, send/file a request for additional information. In your case, your new employer cannot do that, and you are out of your previous employer.
    Hopefully, it doesnt go that way, and you get it before the 2-3 month mark.
    Keep us posted on how this goes
    Apr 20 4
  • Verizon
    Evn123

    Go to company page Verizon

    Evn123
    As long as you are still working from India..
    Apr 20 6
    • Intel
      zcLE73

      Go to company page Intel

      zcLE73
      You are debating technicality of visa vs work autorization here, work authorization can be revoked at any time, if you dont meet the conditions/criteria.
      So if employer wants you to be in US, and you cannot enter US, you loose your authorization as it stipulates you need to file I-9 and other stuff on your first day in person.
      If you dont within 90 days of joining, then your work authorization gets revoked/invalid.
      Apr 20
    • Verizon
      Evn123

      Go to company page Verizon

      Evn123
      Your H1B status is your work authorisation. And you don’t need visa to file I-9 . Each I-797 has I-94 number which can be used to fill I-9 form . Second thing is its employers call if they want employee to be in USA and if they do then op has to travel back and he will need visa to travel . If his visa gets denied he will ultimately end up loosing employment if his employer don’t allow to work from outside USA permanently. Since original post is about temporarily working he/she is totally fine until final decision on case is made
      Apr 20