I got my H1B stamping refused with 212(a)(1). Can I continue working from India? What are my options? The refusal was due to misunderstanding with a doctor in India submitting a negative report to the consulate.


Your question, technically is not an immigration question. The USCIS only controls your ability to live and work in the U.S. If you are outside the U.S. then you do not fall under their authority. Your question is more of a tax and corporate policy question. The company should discuss that issue with their accountant and/or employment counsel. With respect to the issue with the doctor, this is likely a problem related to a DWI or similar charge. There have been many problems with this and there is a common misinterpretation by one or more of the doctors in India. It may be best to contact our affiliated office, Murthy Immigration Services, Pvt. Ltd., for assistance with that matter. (07.Jul.2014)

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