Working from India when on H1b and applying I140 from India

[beawlp]

Hi,

I have been working in USA from Nov 2011 to till date.

To explain my case clear, I consider A,B,C,D as my employers/clients.
My employer is A and my client is B - from Nov 2011 upto 3 years.
then I got job with C and my client is D now - worked there for one year. (In this span, C applied for my PERM and it is approved)
then project with D is over and got back into the project of my previous client B where my employer is still C - worked for 6 months
and then Joined D as a full time employee where D is my employer and working at D now. (In this span, D applied for my PERM and it is approved)

I came to India in November 2016 and went for visa with approved I-797 from D. It is big company and I had all the documents. Visa officer got confused with my clients and employers as it really confusing and gave me a 221g letter stating that my case needs to go additional administrative processing.

I heard back from consulate asking for my previous I-797s and work itinerary after 3 months. I sent all requested documents on Feb 15.

I got my passport back after a week and surprisingly I didn't get visa and my case is still in Administrative processing.

I have some questions over here.

1. I am still working for D from India and receiving my pay stubs. Is it legal to do so for long time ?
2. Is there any chance I will get my visa ?
3. Is it a good idea to apply for my I140 with D from India where my PERM is approved two months back ?

Thanks in advance for your help
NV

[221G_BLR_2017]

Working from India when on H1b and applying I140 from India

Hi NV,

I am exactly in the same sitaution as yours.
In India on 221G and working for the employer from India recieving the paystubs from December 2016.
My immigration people said that we can start on I140 while I am waiting for my VIsa in India.
I am planning to start the process.

Keep us updated if you get any advices.

Thanks.

[raghvi]

Hi,

I have been working in USA from Nov 2011 to till date.

To explain my case clear, I consider A,B,C,D as my employers/clients.
My employer is A and my client is B - from Nov 2011 upto 3 years.
then I got job with C and my client is D now - worked there for one year. (In this span, C applied for my PERM and it is approved)
then project with D is over and got back into the project of my previous client B where my employer is still C - worked for 6 months
and then Joined D as a full time employee where D is my employer and working at D now. (In this span, D applied for my PERM and it is approved)

I came to India in November 2016 and went for visa with approved I-797 from D. It is big company and I had all the documents. Visa officer got confused with my clients and employers as it really confusing and gave me a 221g letter stating that my case needs to go additional administrative processing.

I heard back from consulate asking for my previous I-797s and work itinerary after 3 months. I sent all requested documents on Feb 15.

I got my passport back after a week and surprisingly I didn't get visa and my case is still in Administrative processing.

I have some questions over here.

1. I am still working for D from India and receiving my pay stubs. Is it legal to do so for long time ?
2. Is there any chance I will get my visa ?
3. Is it a good idea to apply for my I140 with D from India where my PERM is approved two months back ?

Thanks in advance for your help
NV

1. Do not see any issue. Also, as long as you paying taxes in the relevant country of presence, it should be fine from IT perspective too.
2. Can't say, it indeed is confusing.
3. No harm goign ahead with it.

This is my opinion not legal advice.