Working in India while on H-1B


Tinos

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I work for a company in USA, which is starting a branch in India for which I will be in India for 6 months at a stretch. My I-140 is approved and we are waiting for PD (Jan’11) to be current.

Question: Will the USCIS have any issues with the fact that I was in India for the ~ 6 months for this project? I will also be working on some other projects during this time not related to the one in India.

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You are by definition only in a status if you are in the US.

If you are abroad, you can of course work for a US company. You are not on H1, you are not in any status.

Be aware, though, that there may be tax obligations in your home country. You and your employer should consult with a CPA knowledgeable about international tax issues.

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