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  • Working under B1

    I'm currently working in the US under F1/OPT which expires in April 2019. This is my last attempt at H1B. My company doesn't have offices outside the US, but they like me and are committed to work things out. So I could go back to India and travel here to work under B1. However one cannot be paid under B1. So is it possible that I could be paid in advance while I'm still under company pay roll in April. And then travel to the US under B1. I'll work for the company, but I'll not be paid technically. Am I within law to do something like that?

  • #2
    Originally posted by absolutalpha View Post
    I'm currently working in the US under F1/OPT which expires in April 2019. This is my last attempt at H1B. My company doesn't have offices outside the US, but they like me and are committed to work things out. So I could go back to India and travel here to work under B1. However one cannot be paid under B1. So is it possible that I could be paid in advance while I'm still under company pay roll in April. And then travel to the US under B1. I'll work for the company, but I'll not be paid technically. Am I within law to do something like that?
    No. That is not allowed.
    Just an opinion; Not legal advice.

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    • #3
      Originally posted by absolutalpha View Post
      I'm currently working in the US under F1/OPT which expires in April 2019. This is my last attempt at H1B. My company doesn't have offices outside the US, but they like me and are committed to work things out. So I could go back to India and travel here to work under B1. However one cannot be paid under B1. So is it possible that I could be paid in advance while I'm still under company pay roll in April. And then travel to the US under B1. I'll work for the company, but I'll not be paid technically. Am I within law to do something like that?
      You cannot "work" on B1 visit. However you can work remotely from India & get paid there in INR.

      Occasionally visiting like once or twice a year for couple of weeks is fine. Frequent visits will raise question & can ban you for years/life time.
      - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

      If my opinion helping you, then please do click "like" button below.

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      • #4
        as the other respondants have said, that would be a blatant violation of your visa.
        This is strictly an opinion and should not be misconstrued as legal advice. The use of this information is strictly at your own risk.

        -Krypton9591

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        • #5
          I?m not sure what rule am I violating, if I?m not being paid for my services technically!

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          • #6
            Originally posted by absolutalpha View Post
            I?m not sure what rule am I violating, if I?m not being paid for my services technically!
            I think you know pretty well that B1 is for visits specifically related to business. The keyword here is "visit". Usually business visits last atmost a few weeks. I do not see how you can rationalize the situation you just outlined given this definition. It looks like you just want to get an answer in favor of the course of action you outlined. The chances of that happening are virtually zero.
            Just an opinion; Not legal advice.

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            • #7
              Originally posted by absolutalpha View Post
              I?m not sure what rule am I violating, if I?m not being paid for my services technically!
              Let me ask you this, what will you say to VO, when you apply for B1?

              That you are alone "working" remotely for the same company & want to visit them for months?
              - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

              If my opinion helping you, then please do click "like" button below.

              Comment

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