H1B expiring PERM audit - can work from India?

[kunisetty]

Hi All

 

  My H1B is expiring on Feb 5th 2015 and my employer has filed PERM on Mar 30 2014 (less than 365 days gap). Now my PERM has got audit and the employer has responded to it last week.  Since, the review response of PERM audit may take more time, my employer told me that they will apply for H1 extension but I've to leave US by Feb5 2015 and come back after Mar 30, once my H1 extension is approved and I got through stamping.

My questions are,

1.       Can I use my accrued PTO's during my stay from Feb5 2015- Mar 30 2015 outside USA?
2.       Since my current visa is expiring by Feb5 , are these PTO's still valid ?
3.       My company doesn't have any offshore branches. So, is it legal to work from India during that period of time (Feb 5 2015 - Mar 30 2015) and get salary regularly?
4.      Since my H1B expires Feb5 and I'm not legal to work in USA, can I work from India from Feb6- Mar 30 and log those hours in company timesheet which is running in US ?

 

I'm very thankful to your response/suggestions.

 

Thanks much

 Gopi

 

 

    

[jairichi]

1. Yes, that is between you and employer.

2. PTO has nothing to do with immigration once you are outside US. Refer 1.

3. Yes.

4. Yes.

[kunisetty]

Hi Jairichi - thanks much for your response. Just wondering where can I find more information about this in detail? Can you please point me to the right place so that I can have my supervisor also know about these facts.

 

Thanks again!

 

-Gopi

[jairichi]

Hi Jairichi - thanks much for your response. Just wondering where can I find more information about this in detail? Can you please point me to the right place so that I can have my supervisor also know about these facts.

 

Thanks again!

 

-Gopi

Why doesn't your employer talk to an immigration attorney?

[kunisetty]

Yes, actually our corporate attorney has conveyed that - I can go on my PTO's and I can work from India. But, my department leads have this second thought of how it could be possible that I can use my PTO's and work after my VISA expiry.  That's when, I came to this forum to learn more about my situation and possibly to find out any legal documents that I can refer to and show it to my leads, so that they'll know what they are doing is legal.

 

Regards

Gopi

[mohanbabu400]

Read it here..

 

http://www.murthy.com/2011/04/08/filing-labor-certifications-during-sixth-year-of-h1b/

[kunisetty]

Thank you Megha for the link.  Seems like Option 3 is solution to my situation. In that option it is mentioned that

 

This is often a workable option for positions that can be performed remotely, or for employers with offices outside the United States.

 

 

So, it means, I can work remotely though I don't have valid H1 and still get paid on US Payroll ? 

PS: I'm working as a full-time employee with a USA based NGO company

[jairichi]

Thank you Megha for the link.  Seems like Option 3 is solution to my situation. In that option it is mentioned that

 

 

So, it means, I can work remotely though I don't have valid H1 and still get paid on US Payroll ? 

PS: I'm working as a full-time employee with a USA based NGO company

Once you are outside US you are no longer on any status with regard to US. You can work remotely and be paid by US employer. The only concern will be taxes. Whether you have to pay tax in US and in home country.

[JoeF]

Thank you Megha for the link.  Seems like Option 3 is solution to my situation. In that option it is mentioned that

 

 

So, it means, I can work remotely though I don't have valid H1 and still get paid on US Payroll ? 

PS: I'm working as a full-time employee with a USA based NGO company

 

Yes, you can, but you likely have to pay taxes in the country you are in.

Both you and the employer should seek the help of a CPA experienced with international issues.

[kunisetty]

JoeF and Jairichi -- thanks much for your inputs.  I'll check with the CPA on tax issues.

 

Regards

Gopi