Can H-1B Workers Work Remotely from Outside the USA? The Legal Reality vs. Enforcement Practice
The remote work revolution has fundamentally changed how we think about employment, but for H-1B workers, the question of working from outside the USA, for example, India, creates a complex web of legal and practical considerations. This article addresses the most pressing questions we receive from H-1B workers and their employers about remote work abroad, cutting through the confusion to provide practical guidance.
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | May 2024 |
| Audit Review | N/A |
| Reconsideration Request to the CO | June 2025 |
Rajiv S. Khanna, US Immigration attorney, provides free immigration help by hosting a free community conference call for US immigration-related questions every Thursday. You can post questions for the call if you are a member of our US Immigration forums. Membership is immediate and free for life. Walk-ins are also permitted.
Rajiv S. Khanna, US Immigration attorney, provides free immigration help by hosting a free community conference call for US immigration-related questions every Thursday. You can post questions for the call if you are a member of our US Immigration forums. Membership is immediate and free for life. Walk-ins are also permitted.
Number 6
Volume XI
Washington, D.C
A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS
This bulletin summarizes the availability of immigrant numbers during September for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.
Here are some experiences with regards to my entire track from NIW I-140 petition to I-485 approval. I had somewhat of an unique case, so if anyone here is in the same boat, this may be of help to you. I have done the entire process by myself, without an attorney, and long hours of research in the law library on U.S.C. Section 8.
Arrived to US in 1991 on J-1, not subject to section 212e, changed to F-1 on arrival. Became an H-1 in 2001 and filed for NIW in March of 2002, case was backlogged due to 9-11.
Based on the advice of some of the members at immigrationportal and being an eternal optimist, I went to Vermont Service center on Aug 23rd taking a dayoff. The lady in the counter told me that my file is in queue for FP scheduling. I told her that I got the same reply even two months back when I made senatorial enquiry.
Today I had my interview conducted, and passport stamped as the final result. I finally can draw a closure for this 27-month-long journey. Honestly and surprisingly, I was extremely calm when I arrived USCIS office 4 am today. I was reading one of my favorite authors' (Ann Quindlen) bestseller " One True Thing" while I was waiting in the waiting room so concentratedly that when my name was called, I realized that my eyes were full of tears (yeah, the story's very touching and real. ) Anyway, here's my detail report to all of you who are still waiting: