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

Asked over 1 year ago - 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)

  1. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . 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... more
  2. Gen Kimura

    Contributor Level 18

    2

    Lawyers agree

    Answered . 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.... more
  3. Dean P Murray

    Contributor Level 18

    3

    Lawyers agree

    Answered . 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... more
  4. Sufen Hilf

    Contributor Level 11

    3

    Lawyers agree

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

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