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Aathi

Working from India on US Payroll

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I came to India on  Jan 2020 due to family emergency  and struck here due to lock down and i may need to be here until end of the year in India due to on going treatment for my family member. I work for an US company. My manager is fine working from India as other employees are WFH as well. I am on H1b staying 9th year with valid i-140 with my previous employer, with the current employer PERM in on going.

1) Is it legal to work from outside US for longer time (1 year or so) on US payroll? Is there a defined number of Months/days allowed to work outside US on US payroll?

2) Will i face any issue while coming back to US in POE or in my future H1b extensions or GC Process if i stay here for longer period of time on US payroll?

It would be really helpful if you can share some information on this.

Thanks,

Aathi

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1. Yes, its legal to work from India. But it might be better to get paid from an Indian entity while doing so if you want to do it for a longer period of time. 

2. No issues, just prove that the job still exists when coming back if POE has any questions. Just carry letter from your company to prove that the offer is still valid.

 

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1. Yes. US payroll or Indian payroll its up to employer. But when you are in India and you are going to work for long time better get paid in Indian rupees and better try to have some Indian entity. I understand if you involve someone they might take some cut but I feel there will be companies which might take least cut and run your payroll.

2. No. While entring back to USA make sure you still have the job.

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2 hours ago, gopalakrishnach said:

1. Yes. US payroll or Indian payroll its up to employer. But when you are in India and you are going to work for long time better get paid in Indian rupees and better try to have some Indian entity. I understand if you involve someone they might take some cut but I feel there will be companies which might take least cut and run your payroll.

2. No. While entring back to USA make sure you still have the job.

You will be better off to start your own company in India and work for it rather than having some other middle man in the middle.

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20 hours ago, User099 said:

You will be better off to start your own company in India and work for it rather than having some other middle man in the middle.

Yep own company is good solution.

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13 hours ago, gopalakrishnach said:

Yep own company is good solution.

Yes. That is what I did way back when I had to leave the US because my H1 ran out and the GC wasn't approved yet.

Essentially, how this works is that the person writes invoices with the hours worked, and the company (the former employer) pays the invoices. They issue a 1099 for next year's taxes.

Local taxes, health insurance, etc. are the responsibility of the person owning the one-person company. That needs to be reflected in the hourly rate charged on the invoices. The person needs to negotiate the rate with the former employer.

Pro tip: I came back to the US after a couple months with the GC, and before the end of the year I roughly estimated my US tax payments. That was substantial. So I (i.e., my company) invested in a top-of-the-line laptop to lower my tax burden. Better to pay for a nice computer than paying taxes...

Edited by JoeF

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