work oversea while on US payroll without H1B


Recommended Posts

I have been working in USA for about 3 years now. Instead of extending another 3 years and burn up all my H1B for my 7 years long green card process. I am thinking of transfer my company division back home. Can I work oversea while being kept on US payroll? If my company want me to do business back in the future visit should I get B1 or H1B?

Link to comment

You could get paid by the US branch while abroad, but there are a lot of tax issues involved with that. Both you and the company probably would need the help of a good CPA experienced in international issues.

Also, on B1, you can't get any compensation from a US entity.

Link to comment

The answer to your question depends on what you mean by "payroll". To be on the company records as an employee and get a W2 issued, you need to have status in US.

Judt to get paid from the US entity in India, does not require work authorization. However to avoid double taxation (assuming you, as a person, are paid) the payment needs to be done in a suitable manner.

For example I know someone who works remotely from India for an employer in a developed country. In his case, the remittance is sent in Indian Rupees. Check with a CPA in US and a CA in India on exact rules for US/India tax laws.

Sending rupee payments from US is no big deal. State Bank of India (SBI) has a very efficient way for doing this.

Another option is you open a company in India and the company gets paid as a consultant / contractor. Then the payment can be done in USD and taxes are paid as applicable in India.

Link to comment

Archived

This topic is now archived and is closed to further replies.