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H1B Change of Status - Question about Leaving US

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  • H1B Change of Status - Question about Leaving US

    Hello,

    Here is some background -
    • On June 15, 2020 - my employer applied for H1B Change of Status and Petition (from F1)
    • On June 24, 2020, I was on my F-1 STEM Extension working for an employer
    • On July 14, 2020 I left the USA via airport
    • H1B Approval "Notice Date" = July 20, 2020
    • H1B Approval "Received Date" = June 15, 2020

    I am still currently outside the USA. My questions are -
    • Can I keep working for my employer using US SSN?
    • Would I be able to apply for a new H1B Visa and enter the USA before December 31, 2020 or will I be affected by the proclamation?
    • If I can keep working from outside USA - can I keep working for my employer after October 1, 2020 and be paid on US SSN?

    Thanks a lot for the help, I know this may be a unique case.

  • #2
    Since you are outside the US since July 14th:

    Can I keep working for my employer using US SSN?
    >>> H1 rules only apply when you are inside the US. You can continue to work for that employer from your home country and they can continue paying you (best if they send a direct deposit in local currency to your country's bank account)

    Would I be able to apply for a new H1B Visa and enter the USA before December 31, 2020 or will I be affected by the proclamation?
    >>> NO, you do not have a valid H1 stamp, and therefore, you cannot enter the US. You cannot get an appointment at a US consulate as you are affected by the EO through 12/31/2020

    If I can keep working from outside USA - can I keep working for my employer after October 1, 2020 and be paid on US SSN?
    >>> YES. H1 applies to people inside the US. Just work it out with your employer to stay employed. I highly recommend you get paid in local currency.
    Opinion only. Cannot be construed as legal advice.

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    • #3
      Originally posted by R78 View Post
      Since you are outside the US since July 14th:

      Can I keep working for my employer using US SSN?
      >>> H1 rules only apply when you are inside the US. You can continue to work for that employer from your home country and they can continue paying you (best if they send a direct deposit in local currency to your country's bank account)
      So it’s not okay to keep getting paid in USD in US bank account? I’m willing to pay taxes in the US as needed.

      Comment


      • #4
        I did not say its not OK.
        It is a payroll nightmare and therefore done rarely, for a short period (1-3 months). Usually in cases where an employee gets stuck with a 221g and cannot return for a few months.
        Additionally, there are implications for the company when making such arrangements on a longer term.
        Think about this: Why would they pay you a US salary when the cost of living in another country (like India) is a loss lesser ?

        You should consult with your HR on the best course of action. If you work for a big company, its easier for them to shift payroll for the time you are outside the US

        Opinion only. Cannot be construed as legal advice.

        Comment


        • #5
          According to the text of the proclamation, the ban doesn't apply to you, since you were inside the US on June 24, 2020. So, in theory, you should be able to get a new H1b visa. However, there are rumors that consulates are ignoring that and refusing to issue new visas anyway.

          This is my personal opinion and is not to be construed as legal advice.

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