View Full Version : H1 B pending for Admin Processing

08-12-2013, 02:26 AM
Hi Friends,

I am new to immigration voice.

I am employed with employer A and have come to my home country(India) for stamping.
I went to stamping in May 2013 and got white form(admin processing) 221 G under INA and was asked to submit few additional documents. I submitted to documents in the month on July and got a reply after month again to submit few more documents.
I know that I will not be able to submit the documents before end of August or may be mid of sep and expect a reply from consulate after one month, that would make it mid of Oct.It would be nearly 6 months I would be India and WFH and getting paid in USD.

Would this long stay out of US and getting paid there have any kind of issue with my next H1 B or GC process ?

I also have an offer from employer B who is giving me WFH and ready to my H1 B transfer while I am in India and my current H1- B is in admin processing.
How does H1 B and WFH in US works? What should be address in My LCA(My home address in US or Employer's office address or client's address) ?

Any reply/exp with this kind of situation would be a great help!!

08-13-2013, 12:05 AM
Anyone any exp with it ?

08-13-2013, 08:41 AM
What is the nature of your job? What kind of salary it is. Both may matter in the answer.

Very few companies allow WFH. So if you are getting such offers it is good. Your employers seems to be good because they are allowing you to work from India and still paying you full in USD. You are not losing anything financially. Be positive and you will overcome this problem.

08-13-2013, 11:38 AM
The new job and old job both are mainly development and some production support.
Salary range is 70 to 80 K.

WFH is good for short term. But would that have any adverse impact on my GC process?because my W2 would show I am in US and getting paid in USD where as my travel records would be saying other story, would this influence my future H1 - B or any other US visa stamping ?


08-13-2013, 12:08 PM
For greencard you have to work in the place where your labor is filed. No WFH.

08-13-2013, 02:19 PM
Thanks Sir/Madam

Any affect on my future visa stamping or any kind of immigration stuff ?

08-13-2013, 02:53 PM
If you get it once you can get it same again

08-22-2013, 08:10 PM
it does not matter whatsoever if you come back immediately after your visa is approved and you keep all the forms, and communication from consulate to show that you were waiting for the stamping.
As long as you are working for the same company and drawing salary in US payroll and has W2 to show full yearly wages that are more than/equal to prevailing wage for your LCA application, you should be fine. Get your employment verification letter when you come back. will be needed as well while you enter.
i suppose you are maintaining address and back account in US.
if you do not want to just work from home till your GC comes, then it is a problem.
changing employer is not recommended.
I did the same. my approval took close to 5 months. i came back, they asked me employment verification letter on company letterhead, i showed that. asked me tax return from previous year, i showed that and they let me in. good luck.

08-31-2013, 02:59 PM
Thanks Dakschets. It helps!!