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I am a foreigner and I am working in the US until October 2014( under OPT rule, one year of work allowed after completed my degree) .
My wife is a green card holder and will be eligible for US citizenship in November 2014. She will sponsor me at this time. Unfortunately I will have to wait between 5 to 7 months to get a new working authorization due to a really slow processing time.
I am not really happy about quitting my job for that long , I can basically do my job anywhere as long as I have a phone and a computer and since that my company is based in my home country as well do you think that it is possible to sign a contract in my home country for the same company and continue to do the same work ( and not going to my office here in US) . Once I am allowed to work in the US again I will just resign from the company in my home country and go back to the one in US.
Do you think is it legal ?
I am not greedy but I have a family to take care of and I don't want to be separated for so long if it is not possible I will just stay home for 7 months .....
My thoughts is that since I can do my job in other countries while I travel , it should be fine . I see that as teleworking because my contract and income will be signed in a subsidiary and different company .
For example an executive coming to the US for 6 months on a B1 visa can still work from his laptop for his employer back home while visiting the US.
A lawyer told me that I have a tiny chance that they will revoke my employment card if we apply already for AOS .
Plus I don't know if ever we apply earlier if once she became citizen they start over the process which take 5-7 months or if it will be quicker .
On visa bulletin for the F2A they are just processing the application submitted in September 2013 that's why I believe it will not speed up the process to do that.
Yes. Indian IT companies send their employees on billable work on B1 visa. They are put in Hotel or some apartment for 3 months or even upto 6 months and given some stipend. There salary checks are deposited in their accounts in India. They call it ONSITE. This is illegal for sure.
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