H1B Visa denied on Stamping- 221G. Can I continue to work from India ?

[aryanverma]

Hi I have been working in US for 3 years and I changed from L1 to H1 in Sept 2010. I came to India in first week of May 2011 for Visa stamping. Initially the consulate asked me to submit more documents and when I submitted the necessary documents they denied my Visa application under section 221g citing that my employer doesnt control my day to day activities but the vendor is ( I work in EVC model)
Now I have been working in India in US hours since I came here. Given my Visa is denied, can I continue to work for the Client under the same model from India and get US paychecks?

Is this legal?

If not what is the way around it?

[shervin143]

Yes, you can.

[aryanverma]

Thanks Shervin , Really appreciate your inputs here.

My Situation is that I was working on an E-V-C model. I went to Kolkata embassy and the VO looked at my papers and showed me a clause between the Vendor and Employer which says that My Vendor PM will oversee my activities. VO said this violates employer-employee relationship and then he issued me a letter which said Visa is refused and USCIS will handle my case. So my 221G processing is over.

Given this - Just to confirm I can continue to get US paychecks ?
I believe I can transfer my H1 to the prime vendor and apply again ? ( The VO took my original I-797 and didnt return it)
Can you recommend any good attorney firm for my case?

Thanks

[shervin143]

Given this - Just to confirm I can continue to get US paychecks ?
>>> What you do outside U.S isn't a concern. You are no longer in H1B status or any other status for that matter and you are not violating anything. Since you are working in India now and getting paid in U.S, you just need to sort out where you need to pay your taxes. Consult a good tax advisor.

I believe I can transfer my H1 to the prime vendor and apply again ? ( The VO took my original I-797 and didnt return it)
>>> Yes. If you have a copy of the approval notice, any employer can file a new H1B petition using the CAP from the previous approval notice.

Can you recommend any good attorney firm for my case?
>>> There are plenty. Advisable to go with the company attorney. Your prime vendor should have one already.