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?

Related Topics:
1 Lawyer Answer
Kevin L Dixler
Kevin L Dixler
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.