Working From india while on H1

[USADreams]

I am stuck in India for some family reasons . My company doesn't have any headquarter in India .

1. Can I work home from India during this period ?
   
2. If company pays me less amount than LCA will there be any issues ?
   
3. Also how tax laws will be applied ? Do I pay tax in India only as I am working in India ?
   
4. Can I get paid still in US Bank account and pay tax there ?
   

Thanks

[wiweq]

If you out of USA, you are not on H1b. So, no need to fulfill H1b requirements. You can get less than LCA salary too.

Taxes may be tricky though.

[JoeF]

As wiweq already said, you are in H1 status by definition only if you are in the US. Salary agreements can differ from US requirements if you are not in the US.

As for taxes, you probably have to pay taxes in your home country, depending on the laws there.

Both you and the employer should discuss this with a good CPA, one who has experience with international employment and tax issues.

[Attorney_25]

Working outside the US involves no status issues for the H-1B holder. However, it can entail wage payment issues for the employer in certain circumstances, if the reasons for being outside the US are not properly documented or are suspect. (Doesn't appear to be an issue in your case, but you may want to support your employer by providing appropriate leave documentation.)