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Can I work for an outside US company while being in the H1B cap-gap where the petition is filed during the grace period?

Irving, TX |

My OPT expires in February and my employer will apply for an H1B on my behalf. However, since my OPT is expired when the petition is filed, only my F1 status will be expanded, and not my work authorization. While being in US and waiting for the H1B, is it legal to work remotely for a company that is outside US?

Attorney Answers 4

Posted

Most likely yes, if the employer is foreign, located abroad and compensates you from abroad.
That would be the ideal world solution. It would be best for that employer to pay and deposit your salary to an account abroad.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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Posted

I agree with my colleague.

Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, and attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual.

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Posted

I agree with the above attorneys. Make sure your pay checks are not from any US companies.

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Posted

No. That would be an unauthorized employment. You work in the U.S. and receive compensation for your service. It does not matter where the money comes from.

This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. Consult with a qualified attorney before making any legal decisions. Gen Kimura, (832) 247-6932.

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1 comment

Sufen Hilf

Sufen Hilf

Posted

Disagree. Please see the definition of "employment" in the regulations. 8 CFR §274a.1(h) The term employment means any service or labor performed by an employee for an employer within the United States, including service or labor performed on a vessel or aircraft that has arrived in the United States and has been inspected, or otherwise included within the provisions of the Anti-Reflagging Act codified at 46 U.S.C. 8704, but not including duties performed by nonimmigrant crewmen defined in sections 101(a)(10) and (a)(15)(D) of the Act. However, employment does not include casual employment by individuals who provide domestic service in a private home that is sporadic, irregular or intermittent;" According to the regulations, "unauthorized employment" means both employee and employer are in US.

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