Working remotely if stuck in India due to 221g?

Jul 21, 2019 17 Comments

Thinking of going to get my Visa stamped soon and wondering what happens if i get stuck there due to admin processing. Does the US payroll still continue working if I'm stuck in India and work remotely for my team?

Anyone from Amazon who had to go through this?

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TOP 17 Comments
  • Palo Alto Networks QtYK33
    You are working with an attorney, why don't you ask them. You shouldn't be asking people on Blind such important questions. Most people here don't have the faintest idea and are probably down a couple of beers by now.

    One of my employees in my previous company was able to work remotely but that was London. Also it was for about 6 months. Not sure if the remote location matters. Also, I think she had a few months left on the EAD.

    Firstly, if you get rejected your lawyer will get involved. I believe there has to be a very specific reason for the rejection, at which point your attorney will address it. If every response from your attorney/company is rejected (very rare with an approved H1-B petition), then you can discuss the options. Please talk to your attorney for this what-if scenario... Instead of being led in different directions
    Jul 21, 2019 1
    • Amazon / Eng hejendhrdi
      OP
      Yeah, that's fair advice. I was going to ask fragomen about it since I'm not planning on traveling for the next few months at least. This post was more about seeing if someone else went through this experience.
      Jul 21, 2019
  • Google uzaname
    US payroll can continue working only if you have valid US work authorization
    Jul 21, 2019 3
    • Amazon / Eng hejendhrdi
      OP
      Well my h1b is valid for 3 more years so I am authorized to work in that case?
      Jul 21, 2019
    • Microsoft peace+rage
      Even though I’m an immigrant I don’t know what happens when you go for stamping. If getting stuck means you lose work permit then no.
      Jul 21, 2019
  • Amazon qsOd88
    Yes. You can work for up to some weeks(8 weeks iirc).

    Source: I was in the same position last summer and got this from fragomen. However, luckily my 221g admin processing was over in a week (before my vacation was over) so didn't go through the remote work process. My advice go for visa stamping on the same day you land.
    Jul 22, 2019 1
    • Amazon / Eng hejendhrdi
      OP
      Thanks. Yeah, there's a doc on inside which explains this. Seems pretty straightforward actually.

      I mostly have to do a Dropbox as it's an extension so I will definitely try to drop it the day I land.
      Jul 22, 2019
  • Facebook / Eng zuckoff
    221g is administrative processing. Admin processing is a soft denial. Means status is invalid till they stamp your visa. Means no work. Even if your manager agrees to let to work, your hr and lawyers won’t. Either use paid leave or unpaid leave but NO WORK since it’s ILLEGAL.
    Jul 21, 2019 4
    • Amazon spinachh
      This is complete BS. Visa is for entering the country. Work permit is for working for a company in the foreign country. Technically, you can continue working on work permits and never get your Visa stamped and you are still very legal.
      Nov 16, 2019
    • Facebook HdigheGe
      I can second the detail. Companies force you into unpaid leave if stuck in AP. Personally know peeps from Amazon, Microsoft, EBay who were forced into unpaid leave due to AP even while having work permits. It might hurt to think that but OP is unfortunately right
      Nov 16, 2019
  • Proofpoint / Other eus9wbdj
    Freelance where you are stuck.
    Jul 21, 2019 1
    • Amazon / Eng hejendhrdi
      OP
      How is that relevant to my question?
      Jul 21, 2019
  • Amazon / Eng hejendhrdi
    OP
    To anyone reading this:

    There is a very straight forward doc on inside called Administrative processing FAQ which explains that you can get 2-3 weeks of remote work authorization and then your manager can work with immigration to move you to remote location (by talking to HR from that country).

    So seems pretty straightforward
    Jul 22, 2019 0
  • PayPal atlm
    Your h1 is valid until it is rejected.
    Jul 21, 2019 0

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