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nefan

Working From India

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Hello guys,

I am in a big pickle. My H1 was sent back to USCIS for reaffirmation but i am working from India for the past Month and a half. Now, my client is saying that the company policy doesnt allow himto pay me in US salary and has to be pay me as offshore resource. But my employer says that is not possible and he cant run my payroll that way, although my employers have an office in India. And mky employer wants me to give the client 2 week notice and get out of the project. But wouldnt that mean the end of my H1 process?

My client doesnt want to lose me but says he is tied due to company HR policy and is suggesting me to move to a different Prime Vendor than the current Prime vendor with whom I am contracted because he doesnt trust them and doesnt want to deal with them.

Please suggest what i should do? Should i stick with the client or my employer? And should i accept offshore pay as that looks like the only option for me?

Thanks in advance.

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Hello guys,

I am in a big pickle. My H1 was sent back to USCIS for reaffirmation but i am working from India for the past Month and a half. Now, my client is saying that the company policy doesnt allow himto pay me in US salary and has to be pay me as offshore resource. But my employer says that is not possible and he cant run my payroll that way, although my employers have an office in India. And mky employer wants me to give the client 2 week notice and get out of the project. But wouldnt that mean the end of my H1 process?

My client doesnt want to lose me but says he is tied due to company HR policy and is suggesting me to move to a different Prime Vendor than the current Prime vendor with whom I am contracted because he doesnt trust them and doesnt want to deal with them.

Please suggest what i should do? Should i stick with the client or my employer? And should i accept offshore pay as that looks like the only option for me?

Thanks in advance.

If the offshore pay is attractive (atleast $40+), then go for it as a direct vendor (u being the vendor and if the client agrees). You can live better than your US life and be at home. You can always come back to US when things get back to normal and you find a proper employer.

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You sound like you are in EVC i.e. Employer Vendor Client, Why not take this opportunity to find a better prime Vendor suggested by your Client who will sponsor H1 ? This will help you take down a layer and be Employer Client (EC) approach and even though a fresh H1 is applied you will not be Cap-Subject. This has more chances of Visa approval. If you accept offshore position, how can you come to US. It is offshore for a reason right, Good luck

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Thanks for the reply NONJ. It is offshore position but the client is insisting he will get back me to US. But he says he cant pay me the US salary as I am not in the US or infront of him anymore. He says this way i can continue on the project and take care of the H1 formalities and get back to US once H1 is approved.

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I am working in India and getting paid in US for more than year now.

As long as your employer is getting paid from your client, it should not be an issue. However, if your petition got rejected after being sent back to USCIS you may not be able to work for your employer any more.

I would suggest you to file a new petition from new or same employer if you know your case is genuine. I re-filed application from same employer and still waiting for approval after getting a 221g again with the new petition!!

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I am working in India and getting paid in US for more than year now.

As long as your employer is getting paid from your client, it should not be an issue. However, if your petition got rejected after being sent back to USCIS you may not be able to work for your employer any more.

I would suggest you to file a new petition from new or same employer if you know your case is genuine. I re-filed application from same employer and still waiting for approval after getting a 221g again with the new petition!!

Hi,

How are you managing your Taxes? and is it ok to work from India for long time?

Thanks

VN

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@nvijay

Yes, its mentioned on USCIS website, its legal to work from India and get paid in US while you are on 221g. I could have filed my taxes online, but I have filed extension as I have some complexities in tax filing this year, so I am going to wait till October and then file them.

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My personal opinion: Take up the job with Client and make sure you get something written on paper that they will sponsor you for H1 in a reasonable time frame. Also try to get an offer letter in US salary, this should not come as a surprise for you later.This keeps your job and also avoids all the unnecessary tension associated with visa stuff.

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Thanks for all the replies guys. I am working with the Prime vendor to get a new H1. My only concern about all this was in order to apply for a new H1 or to continue the processing of the suspended H1, do I have to run my payroll in US even though I am not working from US? and can i ask my Prime vendor to file my H1 from the US if i am getting offshore salary?

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The minute you step out of US, there's nothing you have to do regarding payroll or anything. H1 Status or maintaing legal status applies only when you are physically present in US. You are taking a good approach of joining Prime Vendor, better to go with this fresh H1 and you are not cap subject for H1 Quota, you will get to know all these once you talk with the lawyer who starts the process and it should go smooth.

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so forget about it that they will pay the indian taxes...lol !

Well, that's between them and the Indian authorities.

If they are US tax residents, they have to declare their worldwide income on their US tax returns, as well as FBAR stuff if they have a certain amount in foreign bank accounts. The US tax authorities are known for being rather harsh. E.g., Al Capone was convicted of tax evasion, not murder...

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I am in a EVC model , In March 30th 2012 I atteneded the interview for my h1 stamping , I received a 221g and my case was sent back to USCIS , I recived a call this week from the state embassy stating that my case has been reaffirmed and they want me to attend the interview again .It took 10 months to get reaffirmation on my case . while this happened, I joined the Vendor company in India to support the same client on the same project (my petitioner not involved ).

I know that I would be asked about the current dated client letter when I attend the interview again for my reaffirmed case and I am planning to carry one. My questions is

Q) Can I disclose to the Visa officer that I am currently supporting the same client from India in US hours and they would want me to come to USA and support from their ? Will this help or make things worse .

The reason I want to disclose this is because , If the VO validates with my client about my employment . My client might say , I am currently working with them and they need my services at onsite location.To be on the safer side I want to disclose this .

Q) Also , In case if I don’t get the client letter , will an email from the client or the vendor with their phone numbers indicating that they still have an opening for me in their project , will do ?

Please let me know , I have an interview next week . Your quick response greatly appreciated .

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I also got 221g and its 1&1/2 month now.

There was a post from someone before a month or so .. he attended in Ottawa,Canada and got 221g. His H1 was sent to USCIS or something like that, his client said they can't wait more than a month for that guy. So somehow he managed to get the new H1B premium process while in Canada filed by prime vendor and than he got the visa and he was in USA after 5 weeks.He was in Canada while all this H1B filing process were going on. So you should have no issue goin to vendor and leaving your old employer :)

1)I would say you definitely tell them that you are still working with same client, so that they also know that client really don't want to leave you.

2)I guess you will get client letter. Its almost a year and client is happy with your service so you should get the client letter. well .. worst case scenario something is better than nothing and hence you can take the email printouts, but again you need the client letter any how.

All the best.

I am in a EVC model , In March 30th 2012 I atteneded the interview for my h1 stamping , I received a 221g and my case was sent back to USCIS , I recived a call this week from the state embassy stating that my case has been reaffirmed and they want me to attend the interview again .It took 10 months to get reaffirmation on my case . while this happened, I joined the Vendor company in India to support the same client on the same project (my petitioner not involved ).

I know that I would be asked about the current dated client letter when I attend the interview again for my reaffirmed case and I am planning to carry one. My questions is

Q) Can I disclose to the Visa officer that I am currently supporting the same client from India in US hours and they would want me to come to USA and support from their ? Will this help or make things worse .

The reason I want to disclose this is because , If the VO validates with my client about my employment . My client might say , I am currently working with them and they need my services at onsite location.To be on the safer side I want to disclose this .

Q) Also , In case if I don’t get the client letter , will an email from the client or the vendor with their phone numbers indicating that they still have an opening for me in their project , will do ?

Please let me know , I have an interview next week . Your quick response greatly appreciated .

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