View Full Version : 221G Delay, Payroll & Employer's Responsibility

09-17-2012, 09:46 AM

I am planning to visit India for my H1-B stamping in Nov-Dec 2012. I am working with direct client since Aug 2010, They filed my H1 and they sponsored someone for the first time in their history. It's a private company. They are not aware of all H1-B Visa Stamping issues. I explained them as much as I can. I also talk to them about possible delays. I asked them if there will be delay, Can I work from India? They are not agree with that. They only prefer working in office.

Now, let's say when I go for Visa stamping and for some reason they give me 221G. Now in that case if delay period is 3 to 4 months and I will not be able to work from India and they will not generate my payroll. Will it affect my H1-B status?

So, what are the employer's responsibility in case of payroll, if any employee caught in delay because of 221G? Do they have to keep generating payroll? Or USCIS know that employee is in India because of 221G and that's why US company is not generating his/her payroll?

Thanks & Regards,