Can I be on US payroll while awaiting H1B extension outside US ?

[rivaldo]

Situation:

Me and my family are stuck in India and unable to return to US due to the ongoing Corona Virus situation. We have an infant and hence can't risk travel until situation becomes normal. Hence flying for next 2-3 months is ruled out. Our kids are US citizens by birth.
My H1B visa and wife's H4 visa stamp in passport (and current I-797) are valid till 29th May 2020.
My immigration department of my employer says that they'll need to give me a temporary India offer while I wait for H1B extension's approval AND get a new visa stamp from US embassy in India. Premium processing has been suspended as of now.

Goal:

• Secure H1b extension.
• Return to US as soon as it's safe to travel.
• Minimize/avoid loss of US salary.

Questions:
* Is there any clause under which I can still be on US payroll ?
* Why is the employer talking about India salary ? Is it due to taxation rules (IRS) OR due to immigration (USCIS) rules ?
* Will going to off of US payroll and to Indian salary for few months adversely affect H1b extension OR GC processing ?
* Would you advise me emailing USCIS/CBP about this citing exceptional worldwide situation and asking for permission to enter US while H1B extension is going on ?
* My employer also mentioned that they'll ask for 'Consular Notification'. What does that mean ?

[pontevecchio]

1. Paying you in USD is up to the employer.

2. Neither. Again up to the employer.

3. NO

4. This would be an absolutely futile gesture and will not work.

5. It means getting a visa back home once the extension petition is approved.

[gopalakrishnach]

1. It depends on company. If they want to pay same salary in Rupees same as USD they can but I feel they need not run payroll in USA.

2. I guess IRS. You can ask they directly?

3. I do not think so and this is normal.

4. I guess it will not help you.

5. Please google. It means I feel you must go out of USA and get stamped to come back and work on H1B.

[User099]

1. Its upto your employer

2. Looks like want to hire you on their Indian company payroll for now. Its Taxation rules.

3. No

4. I don't think that will be any useful as everyone is facing some issues with this virus and its not a specific case that will need an exception.

5. Since you are not in US, they will have to file it under Consular processing and not as extension of status.

 

[rivaldo]

Your responses helped. Thanks.

[rivaldo]

Does consular notification necessarily mean appearing in person for interview OR would I still be eligible to document drop-off i.e. interview waiver. ? We got the visa stamp on our passports recently in Jan 2020.

[MurthyIndia_Lawyer]

Hi!

Your questions are very case specific and warrants a detailed understanding of your background before it can be answered. For immigration related questions, we would recommend you to schedule a standard consultation with a qualified and experience U.S. immigration attorney. For the tax related question, it is important to schedule a consultation with a certified public accountant who has knowledge on both the U.S. and Indian taxation laws.  This will help obtain the right answers and help you to make an informed decision.

Please write to info@murthyindia.com to request a consultation