Continuation of Employment between end of F1 STEM OPT and start of H1B with Consular Processing when outside USA

USA H1B Visa
1

Hi,

I am currently on F1 STEM OPT and my H1B has been approved. My OPT ends in July and the H1B starts in October. I am seeing out my OPT from India (by working remotely) as I had to make an emergency travel to India in February.

I will be scheduling my H1B VISA appointment (with consular process and NOT COS because I was already out of the country at the time of H1B petition filing) soon, but my question is: Can I continue employment with my employer between end of my OPT and start of H1B?

My employer’s attorney insists that as I am not in USA it is ok to continue employment with the company during that time, but I think that I will be ‘out of status’ and will not be able to work for the employer…

Any guidance?

Thanks,
Ruud.

2

Note that US immigration laws do not apply outside its borders. This means while you are in India, you are not considered in F1 status. So as far as your employer is okay with you working remotely, it is okay.

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