Working from India on H1B

[p.prasad44]

Hello,

I'm on H1B and came to India on Vacation on March 2020. I'm stuck in India since March 2020 due to COVID restrictions and have been working for the same employer since that date. I'm planning to return (i do have valid H1B visa stamp) to USA soon.

But, considering its been almost 6 months, please suggest if any time restrictions on how long I can work from India for USA employer on H1B?

Thanks, Prasad.

[JoeF]

Since you are outside the US you are by definition not on H1. You can work from your home country for your employer for as long as you want. However, you may have to pay taxes in your home country. Both you and your employer should discuss the situation with a good CPA knowledgeable about international tax issues.

[gopalakrishnach]

how long I can work from India for USA employer on H1B? -- as long as your employer allows you. Outside India you are not on H1B. You need to pay taxes in India and USA.

[K-Ananymous]

My Visa is Expiring by Nov 6 2020. My 6 Year term expires by Feb, 2021. My PERM is not filed yet. my employer told they will file PERM process before my 6 year term expires (before Feb, 2021).

Can I move to INDIA now and Can my employer file my H1 Extention after / in January along with PERM ? I am thinking I can extend my recapture time frame. I mean can my H1 have gap between November, 2020 and January, 2021 ? ( i will be on Local Payroll of India)

Even if I move out of US, Can my employer file PERM process for me ? (Currently I am US employee for employer. They do have office in INDIA)

[p.prasad44]

That helps, Thank you. As i'm on vacation trip, I still get paid in my USA bank account and not sure how that will be counted as income in India and if I still need to pay any taxes. Please suggest.

[gopalakrishnach]

Talk will tax professinal in India