Working Remotely for US Employer till 221G gets Resolved and Working for Indian Employer at Same Time.

[sakulp@gmail.com]

Dear Murthy Attorneys and Other Esteemed Members,

I would need your expert advice on situation I am in.

With a US employer I had filed for a H1-B. During Stamping I got a 221G. During the 221G decision is in progress, my US employer is asking me to work from India.

At the same time I had applied for an Indian MNC here. This company I have a very good position and they want to make responsible for many more things and it is such an offer that at this moment I do not want to let it go.

Given between the two I would like my H1-B to be processed though.

My dilemma is that if I quick this Indian MNC for remote work in India and wait for my 221G, there is a big possibility that my 221G gets rejected and I loose this good position with the Indian MNC.

If I quit the work from India for the US company then I loose my H1-B.

What should I do in this situation. Can I work for both of them at the same time? It may not be practically possible but say if I am able to do it?

Can this become a legal issue? How will they come to know about it?

Please advise as I need to make this decision soon.

[mike999]

You got to make the decision based on your own priorities.

[aruns4]

it is your call. Spent time to decide.

[syed javeed]

So is it legal in first place to work when you are under 221G.

Can the employer continue to run U.S payroll as you work remotely from india ,till you come back to U.S with visa stamped on your passport.

Please advise as per uscis regulations

thanks

Syed

[JoeF]

A person who is outside the US can of course work remotely for a US company. There is no status to violate since the person is outside the US. A person can have a status by definition only while in the US.

Of course, there are tax implications. The person would likely have to pay taxes in the country where the person currently is. These things should be discussed with a good CPA knowledgeable in international tax issues.

[syed javeed]

thanks..

Just to be clear..Can my employer continue to run my payroll in U.S.they stopped it since i got a 221g.

client is willing to be billed for the hours worked remotely but my employer thinks that it is not legal to run payroll in U.S and wants to pay me in indian rupees only out of indian office..

[JoeF]

As I said, there are tax implications. The company can of course continue to run payroll for you, but may have to pay taxes in your home country. These things can get complicated, that's why most companies don't have employees in other countries (big companies create foreign subsidiaries.) The company (and you) should discuss this with a good CPA knowledgeable about international issues.