Working outside USA with valid H1B - Pending/approved i140

[r2i_hr_ih]

Hi All, I have few questions on i140 application and work locations during H1B:

1. Can one take a transfer from USA to India OR work remotely for a short period with valid H1B status and when i140 application is submitted but yet to be approved? If transfer taken, how will the H1B tenure be impacted when working outside of USA?
2. If transfer is taken after i140 is approved, will the remote work period count for 180 days one needs to stay with employer to ensure i140 application cannot be withdrawn in case of switching of jobs?
3. Lastly, besides the USCIS.gov case tracker are there any forums where one can track the status of pending i140 applications based on others approval timelines?


Thanks in advance and appreciate our responses.

[rkk09]

Hi,
Please see my response below.
1. Can one take a transfer from USA to India OR work remotely for a short period with valid H1B status and when i140 application is submitted but yet to be approved? If transfer taken, how will the H1B tenure be impacted when working outside of USA?
Answer: If you are outside then your H1B status will not be considered for the duration you are outside.. And your I-140 petition will not impact if you are outside of the USA. I-140 can be filed when beneficiary is in abroad.
2. If transfer is taken after i140 is approved, will the remote work period count for 180 days one needs to stay with employer to ensure i140 application cannot be withdrawn in case of switching of jobs?
Answer: It depends Employer. If your I-140 petitioner is not going to withdraw during your absence in the USA then you will not have any issues and need not to consider about 180 days.
3. Lastly, besides the USCIS.gov case tracker are there any forums where one can track the status of pending i140 applications based on others approval timelines?
Answer: There is the only way you can track your status is through USCIS case status online. Otherwise, you can create online account and you will be getting notification about your case status too.
Thanks

[r2i_hr_ih]

Thank you, a couple of follow up questions though:

1. if H1B tenure/status is not used when working from India how will the end date on the stamped H1B be impacted? For example, if my H1B is valid until Jan 2023 and say if I move to India in August 2021 and continue to work from India until Jan 2023, will my H1B tenure end at that time OR the unused tenure (August 2021 - Jan 2023) be used at a later point in time?
2. Is there any number of days cut off where one can work outside USA (considered as short term) and get paid in US payroll?

Thanks in advance!