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  #1 (permalink)  
Old 05-04-2009, 11:44 AM
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gauravsh will become famous soon enough
Default Working from India on H1b

Hi,
My company is closing offices and we all will be working from home. My I140 is cleared and I am in process of extending my H1 which expires in june 09.company has no office at india.
I want to know for how long I can work from India on H1 being on US payrole? The
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  #2 (permalink)  
Old 05-04-2009, 11:49 AM
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ilikekilo has a reputation beyond repute ilikekilo has a reputation beyond repute ilikekilo has a reputation beyond repute ilikekilo has a reputation beyond repute ilikekilo has a reputation beyond repute ilikekilo has a reputation beyond repute ilikekilo has a reputation beyond repute ilikekilo has a reputation beyond repute ilikekilo has a reputation beyond repute ilikekilo has a reputation beyond repute ilikekilo has a reputation beyond repute
Default

Quote:
Originally Posted by gauravsh View Post
Hi,
My company is closing offices and we all will be working from home. My I140 is cleared and I am in process of extending my H1 which expires in june 09.company has no office at india.
I want to know for how long I can work from India on H1 being on US payrole? The
Not sure as to "how long" but AFAIK , but when a person doesnt work in the same location as mentioned in LCA of H1B, an amendment needs to be filed. I would talk to a reliable attorney.
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  #3 (permalink)  
Old 05-04-2009, 11:52 AM
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gauravsh will become famous soon enough
Default

Quote:
Originally Posted by ilikekilo View Post
Not sure as to "how long" but AFAIK , but when a person doesnt work in the same location as mentioned in LCA of H1B, an amendment needs to be filed. I would talk to a reliable attorney.
Thanks for the reply. I am planning to maintain a address at location where my LCA belongs to. I want to know If I work for say 4-5 months from India on US payroll will there be any issues on reentering US?
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  #4 (permalink)  
Old 05-04-2009, 11:54 AM
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Default

Quote:
Originally Posted by gauravsh View Post
Thanks for the reply. I am planning to maintain a address at location where my LCA belongs to. I want to know If I work for say 4-5 months from India on US payroll will there be any issues on reentering US?
post this Q on the lawyer forum someone might respond for FREE
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  #5 (permalink)  
Old 05-04-2009, 12:11 PM
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gauravsh will become famous soon enough
Default

Thanks, Moderator please delete this thread. I have opened a similar thread in lawyers forum.


Thanks for help
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  #6 (permalink)  
Old 05-04-2009, 12:21 PM
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Default

Quote:
Originally Posted by gauravsh View Post
Hi,
My company is closing offices and we all will be working from home. My I140 is cleared and I am in process of extending my H1 which expires in june 09.company has no office at india.
I want to know for how long I can work from India on H1 being on US payrole? The
I assume you haven't filed your I 1485 yet.

Why are you even bothered about H1B status when you are working from India ? ( You don't need an H1B status to work from India. You can be on US payroll as long as your company is ok with that.)

When you are in India, you can apply for an H1B and get a visa stamping while coming back.
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  #7 (permalink)  
Old 05-04-2009, 12:36 PM
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gauravsh will become famous soon enough
Default

Quote:
Originally Posted by gc28262 View Post
I assume you haven't filed your I 1485 yet.

Why are you even bothered about H1B status when you are working from India ? ( You don't need an H1B status to work from India. You can be on US payroll as long as your company is ok with that.)

When you are in India, you can apply for an H1B and get a visa stamping while coming back.

Thanks, You are right I havent applied for my I485 yet. I am only concerened about when I return back to US, will there is any issues at POE due to my long absence on H1B?

Really appreciate all the answers!!
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  #8 (permalink)  
Old 05-04-2009, 12:44 PM
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Default

Quote:
Originally Posted by gauravsh View Post
Hi,
My company is closing offices and we all will be working from home. My I140 is cleared and I am in process of extending my H1 which expires in june 09.company has no office at India.

I want to know for how long I can work from India on H1 being on US payroll?
You are not any visa status when you are not present in the USA.

As per as your working in India, you are subject to Indian labor (should I write, labour) laws and income taxes. It does not matter currency you are paid. What matter is, your physical location during the work performed for the employer.

_______________________
Not a legal advice.
US citizen of Indian origin
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  #9 (permalink)  
Old 05-04-2009, 12:59 PM
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sbmallik is a jewel in the rough sbmallik is a jewel in the rough sbmallik is a jewel in the rough sbmallik is a jewel in the rough
Default

Quote:
Originally Posted by gauravsh View Post
Thanks, You are right I havent applied for my I485 yet. I am only concerened about when I return back to US, will there is any issues at POE due to my long absence on H1B?

Really appreciate all the answers!!
You can't maintain H-1B status while physically residing in India. But, you can still have your GC process running.

An absence won't be of any consequence as long as the visa is valid and you are employed by the same employer.
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  #10 (permalink)  
Old 05-04-2009, 02:50 PM
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Default

NO.
[quote=gauravsh;338657].....will there is any issues at POE due to my long absence on H1B?/QUOTE]
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  #11 (permalink)  
Old 05-04-2009, 03:55 PM
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Default So you are cheating???

Quote:
Originally Posted by gauravsh View Post
Thanks for the reply. I am planning to maintain a address at location where my LCA belongs to. I want to know If I work for say 4-5 months from India on US payroll will there be any issues on reentering US?
So basically you are cheating the system? correct me if i am wrong.
__________________
EB3 - India
PD 1/03
I140 approved - march, 2006.
485 status - Rotting in NSC with a single RFE
Lost H1, working on EAD. Invoked AC21 twice.
Attended DC Rally and contributed to IV many times.
Renewed EAD 3 times and AP 4 times
Total cost from the H1 days (new h1, extension, ead, ap, 140, 485 etc - $22000)
Total cost if I had bought a labor certification those days and having a GC by now - $15000
Not knowing if GC is this worth - Priceless.
R2I'd in Feb 2011.
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  #12 (permalink)  
Old 05-04-2009, 04:17 PM
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gauravsh will become famous soon enough
Default

Quote:
Originally Posted by eb3retro View Post
So basically you are cheating the system? correct me if i am wrong.
how is that cheating? If I take a appartment on rent with lease on my name, pay my rent, pay my taxes, work for a US based company, pay my bills?
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  #13 (permalink)  
Old 05-04-2009, 07:58 PM
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Default

Quote:
Originally Posted by gauravsh View Post
how is that cheating? If I take a appartment on rent with lease on my name, pay my rent, pay my taxes, work for a US based company, pay my bills?
Well..I guess..eb3retro may have wanted to know if that is not cheating then what would be anybody's intention in paying all those rents/taxes when you are not physically here
__________________
EB2/PD Dec 2005 (India)
I-140 - Approved 06/2006
I-485 - RD 08/08/2007

485 Approved 08/18/2010
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  #14 (permalink)  
Old 05-04-2009, 11:07 PM
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eb3retro has a reputation beyond repute eb3retro has a reputation beyond repute eb3retro has a reputation beyond repute eb3retro has a reputation beyond repute eb3retro has a reputation beyond repute eb3retro has a reputation beyond repute eb3retro has a reputation beyond repute eb3retro has a reputation beyond repute eb3retro has a reputation beyond repute eb3retro has a reputation beyond repute eb3retro has a reputation beyond repute
Default you did all this except..

Quote:
Originally Posted by gauravsh View Post
how is that cheating? If I take a appartment on rent with lease on my name, pay my rent, pay my taxes, work for a US based company, pay my bills?
you did all this except being here and working in the place as mentioned in your LC , am i right???
__________________
EB3 - India
PD 1/03
I140 approved - march, 2006.
485 status - Rotting in NSC with a single RFE
Lost H1, working on EAD. Invoked AC21 twice.
Attended DC Rally and contributed to IV many times.
Renewed EAD 3 times and AP 4 times
Total cost from the H1 days (new h1, extension, ead, ap, 140, 485 etc - $22000)
Total cost if I had bought a labor certification those days and having a GC by now - $15000
Not knowing if GC is this worth - Priceless.
R2I'd in Feb 2011.
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