Working from India on H1b

[gauravsh]

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

[ilikekilo]

Originally Posted by gauravsh

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.

[gauravsh]

Originally Posted by ilikekilo

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?

[ilikekilo]

Originally Posted by gauravsh

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

[gauravsh]

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


Thanks for help

[gc28262]

Originally Posted by gauravsh

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.

[gauravsh]

Originally Posted by gc28262

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!!

[desi3933]

Originally Posted by gauravsh

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

[sbmallik]

Originally Posted by gauravsh

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.

[morchu]

NO.
[quote=gauravsh;338657].....will there is any issues at POE due to my long absence on H1B?/QUOTE]

[eb3retro]

Originally Posted by gauravsh

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.

[gauravsh]

Originally Posted by eb3retro

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?

[gimme_GC2006]

Originally Posted by gauravsh

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

[eb3retro]

Originally Posted by gauravsh

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???