US H1B extension while in Canada

USA
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#1

Hello-

My current i797 (H1B) is expiring on March 2022 (maxing out). But since I had Canada PR as well, I moved to Canada in August 2021 and working from here remotely for the same client in US. My employer is an india company (T*S) and my manger knows that I am working from here.

Now the problem is since my H1B is maxing out in March 2022, I am thinking to ask my employer to file for an extension as I can claim these months (August to till now). Until I have approved i797, I can work remotely from Canada due to corona but as soon as i797 is expired, my employer might ask me to go back to India. I know that generally the extensions are filed while you are in US. But as I am in Canada, how can I apply for extension?

Please note that H1B visa in my passport was expired on December 2019 so I can’t enter US. I just have approved petition which is approved until March 2022. My GC process is in progress, perm will be filed this month and as soon as it is approved, i140 will be filed in premium.

Please suggest…

Thanks,
Deepak

#2

US laws do not apply beyond US borders so I am not sure what do you mean by you can keep working remotely till you have a valid I-797? Technically, you are only considered in H1B status while working for US based H1B sponsoring employer and physically present in the US.

If you are unable to come back to the US for filing extension of status, your employer can file H1B with consular processing, recapture the time spent outside of the US and you can go for H1B stamping in Canada.

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