{ "media_type": "text", "post_content": "A friend’s OPT expires today. Her H1 got picked but she’s still waiting for approval. Company has already told her that she can work from India on Indian payroll for the US based client.", "post_id": "5bb15b943cf03c00170bcc97", "reply_count": 8, "vote_count": 3, "bowl_id": "552d1d24dc1c586b09d2d051", "bowl_name": "Consulting", "feed_type": "crowd" }

A friend’s OPT expires today. Her H1 got picked but she’s still waiting for approval. Company has already told her that she can work from India on Indian payroll for the US based client.

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If she is out of status she has to leave US and come back on a valid visa . She should follow what her visa and immigration attorneys are asking her do .


Question is, can she legally work from the US while working on the Indian payroll or does she have to go back and come here when her visa gets approved?

Thanks EY1. Company has also given her the option of staying her on an unpaid sabbatical till she hears back from USCIS. Is that legally okay even though you’re out of status?

Unpaid sabbatical means the company isn't responsible for her or her location. She isn't on the payroll or an active employer. It let's them slip by on a technicality even if they suggested it.

What happens if she needs medical help, will she be on her own?

A few days is ok but if she stays out of status while on sabbatical, she can be barred for visa for the next 5 years. Usually the number of days after which it has serious repercussions is 180 days. That being said it’s not advised to accumulate out of status days. Also she doesn’t even when she will hear back on the h1 so it’s risky to stay

Lol OP do you realise what unpaid sabbatical means? The “option” means “we give you the option of staying unemployed. Don’t guarantee that once your visa comes we will take you” It’s not actually an option - laughable. Unless it’s an LOA. LOA is okay

Its more like a LOA. So I guess the best option for her would be to go back to India and continue working with the US based client till she hears back from USCIS.

It sucks because she should get a reply anytime now and might only be going back for a couple of weeks max.

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