Onboarding new job from India when visa is undergoing 221G process
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?
TC : 330K
comments
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
https://www.stilt.com/blog/2018/02/reasons-221g-refusal/#What_does_the_revocation_and_reevaluation_process_involve
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.