H Visa

Working outside the United States on H-1B visa and the implications for remote employees

Question details

Is there any legal limit on how many days a H-1B employee can work outside the  United States? A quick search around forums, I came across 30 workdays to 60 workdays being the limit BUT it was a comment from someone and hence unreliable.

My workplace in the USA is my home, I am fully remote and LCA filing has Place of Employment Information as my home address in the USA. I got picked on H1B just this year and I have been outside of the States since the 23rd of September. My H1B obviously started on Oct 1st and I have a situation here at my home and only planning to return in the middle of December. I had/have some days of leave/vacation in October and November. So, won't be fully working. I counted the days that I will work till mid-December, and it summed up to about 42.

 

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FAQ Transcript

If your salaries are consistently paid, you can work outside the U.S. without any issue. This time spent abroad doesn't count toward the six-year H-1B limit. There's no legal limit on the number of days for remote work. Your fully remote status is supported by the LCA designating your home as your workplace. If you've been outside the U.S. since September 23rd and have specific concerns, please see an immigration lawyer’s assistance.

Recording for November 16, 2023 Conference Call with Rajiv S. Khanna

Immigration Law

FAQ’s:

  • Working outside the United States on H-1B visa and the implications for remote employees
  • Handling a temporary break on the H-1B visa: Transitioning from work to school and back

Other:

What is a 212(a)(6)(c)(1) refusal of visa?

Question details

My entry into the United States was denied a few months back, and my H1B visa was canceled saying that I need to re-apply for a new visa and I agreed to that. A few days back I attended an interview on H4, but the interviewer was asking about the canceled visa and gave me a refusal worksheet Section 212(a)(6)(c)(1). I'm wondering what's happening here, could you please help me with this?

 

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Having a 212(a)(6)(i) denial, which is related to fraud or misrepresentation in obtaining an immigration benefit, is a severe issue because it results in a permanent ban from entering the United States. This can occur in various situations, such as visa applications, petitions, or misrepresentation at the airport, involving both written and oral misrepresentations.

The problem lies in the fact that this ban is permanent, and obtaining a waiver is complex and challenging. The availability of waivers is limited, making these cases extremely difficult to resolve once you're caught in a 212(a)(6)(i) situation.

 

H-1B approved after the lottery, can we change employers? Multiple employers in H-1B lotteries

Question details

Question 1: Can my H-1B be approved after the lottery, and can I change employers?

Question 2: Do I need pay stubs for an H-1B transfer?

Question 3: Can I have multiple H-1B employers?

 

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FAQ Transcript

Answer 1 : While there's no official answer, in our experience, you can transfer your H-1B even before October 1st when it's approved in August. No need for pay stubs from the previous employer, based on our experience.

Answer 2: If you never joined the employer, you won't have pay stubs, which is acceptable. Even if you join and leave the employer on October 1st without a paycheck, that's fine too.

Answer 3: Multiple employers are generally allowed unless they're connected or conspiring to manipulate the lottery, which is not allowed.