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madhavi1026

Working from India after H4 EAD expired

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Hello, 

My H4 EAD is expired on November 27th 2019, My employer agreed that I can work from India till EAD approves. So I have traveled to India and resumed work from Dec 9th 2019. But now they are saying that its illegal to credit salary in my US account. I have applied for extension for H4 and H4 EAD on June 18th along with my husbands H1 B which is approved on January 25th 2020, but my H4 and H4 EAD are still not approved.

The HR department asked me to check if I can work on as per 1099 and get salary from company's branch, could you please let me know what options i have or what papers to submit in case if i want to continue the work from India? 

 

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It is complicated to have somebody on payroll abroad. Cross-country tax issues are hard, and the company probably has nobody who knows these issues. It is not illegal, just a lot of work for the company accountants.

With a 1099, you would be running your own company. You write invoices, and the company pays them. There is no salary, because you would not be an employee. Taxes would be your responsibility.

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I am pretty sure you traveling out of US while extension is pending effectively abandoned your H4 petition. I am surprised your “HR department” did not run this strategy by their immigration attorneys first, they would have known if they did. Is your employer a body shop? Your best bet is to get H4 visa stamped at a consulate based on your husband’s approved H1B and come back to US. Your H4 EAD “may” get eventually approved if you alert USCIS about your H4 stamping once you are in US but it may just get denied due to you traveling out of country. 

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On 1/31/2020 at 1:16 AM, madhavi1026 said:

Hello, 

My H4 EAD is expired on November 27th 2019, My employer agreed that I can work from India till EAD approves. So I have traveled to India and resumed work from Dec 9th 2019. But now they are saying that its illegal to credit salary in my US account. I have applied for extension for H4 and H4 EAD on June 18th along with my husbands H1 B which is approved on January 25th 2020, but my H4 and H4 EAD are still not approved.

The HR department asked me to check if I can work on as per 1099 and get salary from company's branch, could you please let me know what options i have or what papers to submit in case if i want to continue the work from India? 

 

Setup a company in India and that company will do a SOW with the US firm. You will work for your own company and get your money. I know it sounds complex, but its not. Check with a good CA in India and they should be able to advice you. 

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On 2/4/2020 at 2:50 AM, User099 said:

Setup a company in India and that company will do a SOW with the US firm. You will work for your own company and get your money. I know it sounds complex, but its not. Check with a good CA in India and they should be able to advice you. 

Also, note that the money will be taxed in India.

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On 2/5/2020 at 12:40 AM, cyberlord said:

Also, note that the money will be taxed in India.

Ofcourse, but you don't need to pay taxes in US.

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