H1B refused for administrative processing. Can I work from offshore with US payroll until AP is complete ?

USA H1B Visa
1

I came to India last month for vacation with family. I had applied for H1 extension end of last year and got approved for 3 years. As I came to India I have to undergo Visa Stamping. I was given dropbox option, later the passports were returned with 221g requesting additional documents and asked to come in person for the interview. After two weeks I went to the US consulate with additional documents. But again I got 221g saying “Your application is refused for administrative processing. The application will be reconsidered when administrative processing is complete”. My passports were returned.

Q1 : As my vacation is over, can I start supporting my client from offshore under US payroll util I hear AP results?

Q2 : Any experience / idea how long this AP takes these days ?

Q3 : My belongings are all still in US, any suggestion ?

Thank you in advance

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Hi santhosh, Sorry to hear about your situation. Now a days Visa stamping process become unpredictable and it all depends on your data collected by USCIS whether to approve or deny. Please read below for the answers to your questions [ I am not a legal person and my advice is strictly based on my experience with the Visa System]. Q1 : As my vacation is over, can I start supporting my client from offshore under US payroll util I hear AP results?[Varun] : Yes, You can absolutely start working for the same client from india based on the mutual agreement because your I-797 is still valid (You are eligible for US-Payroll).Q2 : Any experience / idea how long this AP takes these days ?[Varun] It’s very difficult to say How long the administrative process is going to take from the consulate perspective. Majority of the times i have seen/heard that it will take more than 6 months and you may not heard from them at all. This clause is little tricky and intension would be to discourage the company, so that they will consider hiring citizens. So there is no specific timeframe from Consulate and you just need to wait and see for further information.Q3 : My belongings are all still in US, any suggestion ?[Varun] Since your application is under AP, you can wait for one month and see how that goes. If still takes time then better take a wise decision (You can request your friends to take care of your stuff till you heard back etc.)

Thanks

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Thank you Varun for your valuable comments

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Hi Santhosh,

I’m sorry to hear about your situation.

In the past, I have worked with many clients who have faced a similar issue - they unsuccessfully renewed or applied for a US work visa.

I work for a company, MobSquad, and we help facilitate relocation to Canada when highly skilled foreign workers are unable to secure a US-employment visa. Interestingly, you can obtain a Canadian work permit in as little as 4 weeks! You can also continue to work remotely for your sponsoring company.

If you’d like to learn more, please feel free to reach out.

Thanks!
Kaylee