Jump to content
All posts are moderated, so it will take time for your post to appear!
Search In
  • More options...
Find results that contain...
Find results in...
globalcitizen1

Work in India on US Payroll?

Recommended Posts

Hi there.
I work for a large US multinational Engineering & Service Firm (50K+ employees worldwide) on H1B visa with a PERM priority date of Oct 2012. As I am growing professionally, I have been tasked with leading a regional team out of India for EMEA (Europe/MiddleEast/Asia).

Questions:

- Will my H1B visa or my PERM application need to be withdrawn after I leave US?

- Also, my company's officials tell me that I cannot be on US payroll while working in India since I am a citizen of India. Can someone please confirm this and/or suggest a solution to retain the pay package as on US payroll?

Alternative is to be on a UAE payroll and work in India. Would that be possible? Or Would I need to work in UAE only with a UAE payroll?

Some details:
- India Citizen to work in India on US payroll
- Currently in US on H1B visa
- EB2 priority date Oct 2012
- 2 year assignment to work from India (flexible on the assignment term - even less than 1 year to make things work and repeat)
- Need to retain US payroll (or some international Payroll) to keep the same pay package

- Willing to work with alternative solutions to spend less than 100% time in India as long as I can stay compliant with norms.

- The company has establishments in India and Middle East.

All suggestions are welcome! Thank you so much!

Share this post


Link to post

PERM can go forward no matter where in the workd you are. You will be eligible to return to the US on H1B but H1B status is only when you are working in the US; only when you are in the US are H1B pay requirements applicable.

 

It is the company's decision how to pay you. Why should they pay US wages for a resident of India? They would not have to pay a USC assigned to work in India US wages by US laws. If you want US wages, forgo the assignment and remain in the US.

 

You are subject to the company's policies since there is no US law governing wage payments for future GC holders or even USCs working outside the US.

 

BTW, you are pretty arrogant to think you can decide you pay policies when corporate offices have given you the rules. Continue pressing and you will find yourself unemployed.

Share this post


Link to post

To add, you are ONLY a GUEST worker in the US and can be terminated at any time.

Share this post


Link to post

 

BTW, you are pretty arrogant to think you can decide you pay policies when corporate offices have given you the rules. Continue pressing and you will find yourself unemployed.

 

t75, I truly appreciate your response. But I also feel it is a tad bit presumptuous of you to call me arrogant. The US pay-scale for this assignment is a requirement stated by my immediate boss (who is a US citizen, in case you are curious). So I am not deciding any policies for my company, but am simply inquisitive about what the laws state.

But regardless of the snide remark that you think you are entitled to after 10K+ posts, I thank you for worrying about my employment. :)

Share this post


Link to post

Dial back your "entitlement" attitude that comes through on your post. You are an "at will" employer. In fact, any US employee is at the mercy of their employer. In some ways, H1B workers have more legal protections than USCs and LPRs.

 

When a US employer posts people to other countries, it not uncommon to take into account the cost of living there and, for USCs and LPRs, the tax consequences.  A large company will have established policies for the average worker and likely others for senior executives.

Share this post


Link to post

globalcitizen1,

 

Regarding your last 2 questions, it is the company policies that are at play here. There are many instances of Indian citizens working on an expat package in India (after working in US/other locations). However, at the end of the day, your company's policies may prohibit this (so as not to incur the additional expense).

 

Aside from this, there may be entity relationships (US-UAE-India) that would also impact the company's decision to allow you an expat package.

 

It's best that you discuss all options with your Manager - just know that from an immigration standpoint, none of these will impact your PERM application (so long as the company doesn't decide to stop it) or your H-1B visa (this status is only valid/counted when you are in the US)

Share this post


Link to post

A low level manager is unlikely to know the options. The discussion should be with the HR department.

Share this post


Link to post

globalcitizen1,

 

Regarding your last 2 questions, it is the company policies that are at play here. There are many instances of Indian citizens working on an expat package in India (after working in US/other locations). However, at the end of the day, your company's policies may prohibit this (so as not to incur the additional expense).

 

Aside from this, there may be entity relationships (US-UAE-India) that would also impact the company's decision to allow you an expat package.

 

It's best that you discuss all options with your Manager - just know that from an immigration standpoint, none of these will impact your PERM application (so long as the company doesn't decide to stop it) or your H-1B visa (this status is only valid/counted when you are in the US)

 

Thank you so much for the tips Stonecold_1981. My supervisor (who is a VP in the company) is in discussions with the teams involved. You are correct in that the situation involves a combination of company precedents and our appetite for trying something new in the best interest of company growth and performance. Also, very comforting to know the PERM can continue regardless of the 'temporary' international options. However, at the moment it seems the H1B will have to be withdrawn.

I really appreciate the post!

Share this post


Link to post

A low level manager is unlikely to know the options. The discussion should be with the HR department.

 

Again, I appreciate your kind contributions to this discussion. Thank you.

Share this post


Link to post

Thank you so much for the tips Stonecold_1981. My supervisor (who is a VP in the company) is in discussions with the teams involved. You are correct in that the situation involves a combination of company precedents and our appetite for trying something new in the best interest of company growth and performance. Also, very comforting to know the PERM can continue regardless of the 'temporary' international options. However, at the moment it seems the H1B will have to be withdrawn.

I really appreciate the post!

 

In a big company, VP is pretty much a mid-level manager position. There are likely senior VPs, and executive and senior executive VPs, and even they are not on the C-level (C-level is CEO, CTO, CFO, etc.)

A VP won't be able to change company policy.

And, as was already mentioned, HR is the appropriate department to discuss this with.

Share this post


Link to post

 

And, as was already mentioned, HR is the appropriate department to discuss this with.

 

Yes JoeF. HR and Mobility groups are guiding the conversation. Thank you so much for the post!

Share this post


Link to post

HR is generally the department that deals with attorneys on personnel matters and a good HR department has specially educated administrators. At one of my employers we affectionately referred to them as the "Department of Health and Happiness" since that is what they were in charge of.

Share this post


Link to post

Hi globalcitizen1,

I am currently in the same situation as you were couple of years back. My company is starting a new team and I am pursuing that opportunity to lead the team but I wanted to know the options/possibilities to work there and still be on US payroll and come back to the US so that I dont lose all that I waited for to get a GC.

I am in EB-3 with priority date of 08/2011. Can you please share your input here, what are things to ask HR if I want to go and work in India with US payroll for short term i.e. a year or two.

Thanks!!

Share this post


Link to post

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×