Working outside of USA with approved H1B and pending i140 application

Hi all and @anil_am22,

I have an i140 application submitted in Jan 2021 using regular processing in EB3 and am yet to get a decision. Due to personal reasons, I am planning to return to India and looking to work for the same employer (full time) who is primarily based out of USA with no direct office setup in India.

Say if I get permission from my employer to work remotely from India, I have the following questions:

  1. With my current stamped H1B, how many days can I work for the same employer from outside of USA with USA based payroll?
  2. If there is number of days cut off for how long one can work from outside USA, can I get a transfer to Indian payroll and still have my H1B status and i140 application valid?
  3. Will my i140 application continue to be processed by USCIS even if I am working outside USA? If yes, will it impact any timelines of processing given that I am not in USA?

Thanks and appreciate the responses.

@anil_am22 : Thanks, I read the article. A few follow up questions though:

  • The article says one can work for short term (1-5 months) in India and continue to get paid in US salary. Is there a number of days limit which can be considered as short term in normal circumstances ? Eg: excluding travel ban etc

  • Will my i140 application still continue to be processed by USCIS even when I am not in USA but working for the same employer? Also, once approved does my time working remotely for the same employer count towards the 180 days period after i140 approved so that the employer can’t withdraw my application?

Appreciate your responses!