Max limit living outside USA on US payroll on H1B

[mohitas]

How long I can stay outside US on US payroll on H1B? My employer has started PERM process. I have valid H1B visa.

[JoeF]

If you are outside the US you are by definition not on H1 nor any other status. You only have a status while in the US.

You can work for a US employer from your home country (or other countries where you have a work permit), but you probably have to pay taxes in the country you are in.

 

[pontevecchio]

Why would the H1 come into the picture? You can work forever in your home country for a US Company and a US salary.

Outside the USA, You have no status vis a vis the USA.

[mohitas]

14 hours ago, pontevecchio said:

Why would the H1 come into the picture? You can work forever in your home country for a US Company and a US salary.

Outside the USA, You have no status vis a vis the USA.

My employer wants me to go on leave without pay if I continue living outside USA beyond 183 days stating there is tax liability both on my end and the company and that they have initiated PERM process for me.

[mohitas]

15 hours ago, JoeF said:

If you are outside the US you are by definition not on H1 nor any other status. You only have a status while in the US.

You can work for a US employer from your home country (or other countries where you have a work permit), but you probably have to pay taxes in the country you are in.

 

Thanks Joef. I have been paying US taxes for the 5 months I was outside USA. If for any reason I do not come back to US within 183 days, will there be a problem when I am filing my taxes next year ? 

[JoeF]

2 hours ago, mohitas said:

Thanks Joef. I have been paying US taxes for the 5 months I was outside USA. If for any reason I do not come back to US within 183 days, will there be a problem when I am filing my taxes next year ? 

You should ask a tax professional, a CPA who is knowledgeable about international tax issues.