Crystal Lake, IL asked in Immigration Law for Illinois

Q: Is it okay to accept a job on H1B visa where the job is 100% remote?

I'm originally from India. Have been in US for more than 9 years. I live in Illinois. I've been working working for a company in Illinois (say Company A) with an active H1B and an approved i140 (priority date May 2021). I got an offer from a company B in San Francisco. The job can be completely remote. Company B is willing to sponsor my H1B and also apply for i140 after a month of employment. Is it going to cause any issue with visa stamping if the job is completely remote?

Also I signed an agreement with Company A when they started my i140 process that if I quit the job before 2 years after approval of green card, then I will repay 100% of the cost. How much would this cost me?

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1 Lawyer Answer
Kevin L Dixler
Kevin L Dixler
Answered
  • Immigration Law Lawyer
  • Chicago, IL
  • Licensed in Illinois

A: First, you cannot work for a new employer unless the H1-b application is filed and you have a substantially similar position. That means that employer B seems to be violating the law by insisting that you work one month before it will consider filing what it is supposed to file before you begin work in a substantially similar position. I would be genuinely concerned about an employer who seems to be less committed to your future in a remote city.

Second, it is unclear how far Company A has gotten in the processing of the I-140 application and related efforts required prior to filing. Therefore, trying to guess what you may owe seems questionable. As a result, I strongly recommend a consultation with a competent and experienced immigration attorney before there are any complications. It will be well worth the value to better understand the issues after an attorney has time to review the facts and other options not considered, above.

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