H4 - Work from India for US company as Independent Contractor

[UIIS_222]

Hello,

I am on H4 visa and am working for a US based company on H4 EAD. I filed my H4 EAD extension on time, but haven't received the approval for that yet. 
My current EAD expired and since my company wanted me to continue working - so I resigned from my current position and they hired me back to work as an Independent contractor from India.

For the work I will be doing from India, the company is saying that the payment can only be made to my US bank account only.

I wanted to know if I can accept money in my US bank account for the work done from India. Would it be legal? (since I cannot work/earn in the US without a work permit).

Thanks!

[JoeF]

That is doable. You will have to pay taxes according to the laws in your home country.

I did something like this way back when my H1 expired and my GC wasn't done yet (no 7th+ year H1 back then.) I moved to my home country, worked self-employed as contractor for the US company, wrote invoices that they paid into my US bank account. I came back to the US after about 3 months with the GC to continue employment with them, and at the end of the year the company gave me a 1099 for my US tax return. Since my old country has a tax treaty with the US I deducted the taxes paid in my old country from the US tax return. Being self-employed you can also deduct a lot of things from the tax return, like buying a computer. I spent quite some money on a good laptop. Lowered my tax bill quite a bit.

Discuss these things with your tax advisor/CPA.

Edited October 5, 2019 by JoeF

[shekar11#]

On 10/4/2019 at 2:21 AM, UIIS_222 said:

Hello,

I am on H4 visa and am working for a US based company on H4 EAD. I filed my H4 EAD extension on time, but haven't received the approval for that yet. 
My current EAD expired and since my company wanted me to continue working - so I resigned from my current position and they hired me back to work as an Independent contractor from India.

For the work I will be doing from India, the company is saying that the payment can only be made to my US bank account only.

I wanted to know if I can accept money in my US bank account for the work done from India. Would it be legal? (since I cannot work/earn in the US without a work permit).

Thanks!

You can do that.

[UIIS_222]

Thanks a lot for the response guys. 🙂