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TXlocal

work oversea while on US payroll without H1B

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I have been working in USA for about 3 years now. Instead of extending another 3 years and burn up all my H1B for my 7 years long green card process. I am thinking of transfer my company division back home. Can I work oversea while being kept on US payroll? If my company want me to do business back in the future visit should I get B1 or H1B?

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You could get paid by the US branch while abroad, but there are a lot of tax issues involved with that. Both you and the company probably would need the help of a good CPA experienced in international issues.

Also, on B1, you can't get any compensation from a US entity.

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The answer to your question depends on what you mean by "payroll". To be on the company records as an employee and get a W2 issued, you need to have status in US.

Judt to get paid from the US entity in India, does not require work authorization. However to avoid double taxation (assuming you, as a person, are paid) the payment needs to be done in a suitable manner.

For example I know someone who works remotely from India for an employer in a developed country. In his case, the remittance is sent in Indian Rupees. Check with a CPA in US and a CA in India on exact rules for US/India tax laws.

Sending rupee payments from US is no big deal. State Bank of India (SBI) has a very efficient way for doing this.

Another option is you open a company in India and the company gets paid as a consultant / contractor. Then the payment can be done in USD and taxes are paid as applicable in India.

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