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  • H1b rejection

    1) In case of H1b stamping rejection, can we able work remotely for the short term until we go for next stamping attempt?
    2) what happens, when H1b stamping is rejected, the status of I797 will be revoked completely?
    3) Are we eligible to file tax returns after H1b rejection ?

  • #2
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    • #3
      our message was posted as anonymous on Facebook wall- (Dec 2nd)

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      • #4
        Originally posted by vv553 View Post
        1) In case of H1b stamping rejection, can we able work remotely for the short term until we go for next stamping attempt?
        2) what happens, when H1b stamping is rejected, the status of I797 will be revoked completely?
        3) Are we eligible to file tax returns after H1b rejection ?
        1. Yes.
        2. Not necessarily – it depends on the decision of the Consular officer and the reason for the rejection. If they recommend revocation, they will send to USCIS which will then send to the employer a Notice of Intent to Revoke (very similar to an RFE). Employer will be given 30 days to respond. If USCIS is satisfied with response, they will confirm approval of the petition and you can go back for stamping. This can take anywhere from 6 months to 18 months.
        3. Yes. You will need to speak with an accountant.

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        • #5
          You cant work on US payroll but there are other options if you are doing consulting if your employer can pay you in your home country.. Yes..You will be out of status.. You need to file tax returns and its mandatory..

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          • #6
            1. Depends upon your company policies
            2. No
            3. Yes

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            • #7
              1 not on us payroll
              2 depends on rejection
              3 u have to file tax returns

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