Remote Work on Approved H1B

[miserable9]

Hi,

Does anybody have an idea if it's legal to be on US payroll with an approved H1B while working remotely from another country for an extended period ?

Can someone work as a remote employee permanently ? What are the legal and tax implications ?

[JoeF]

That is not allowed.

[gopalakrishnach]

Somewhere here I read that you can work remotely on H1B for the employer who applied for it...

[adshah84]

There is no legal implication. 

Just consult tax consultant or CPA for both country. 

[miserable9]

Thanks for responding. Do you know if an employee needs to switch the payroll to the remote location country or can they be paid in USD?

[JoeF]

9 hours ago, miserable9 said:

Thanks for responding. Do you know if an employee needs to switch the payroll to the remote location country or can they be paid in USD?

A person in the US on H1 can ONLY work for the H1 employer. Period. The person can NOT work for any other company in the world. The act of working for another company is prohibited. It doesn't matter how the person is paid, it is prohibited. Period.

Also, the person needs to declare his or her worldwide income on the US tax returns.

[JoeF]

On 5/2/2019 at 1:48 PM, adshah84 said:

There is no legal implication. 

Just consult tax consultant or CPA for both country. 

Wrong. On H1, the person can only work for the H1 employer.

[JoeF]

On 5/2/2019 at 12:57 PM, gopalakrishnach said:

Somewhere here I read that you can work remotely on H1B for the employer who applied for it...

If the person is abroad the person can of course work remotely for a US company or another company, as long as that is allowed by the laws of the country the person is in. A person who is abroad is by definition not on H1.

A person in H1 status means that the person is in the US, and can only work for the employer that filed the H1.

[pontevecchio]

The OP seems to be asking whether he can work for an US Employer in his own country and the answer is Yes.

[adshah84]

On 5/3/2019 at 3:30 PM, JoeF said:

Wrong. On H1, the person can only work for the H1 employer.

Yes but when that person is not in the USA he/She is not on H1b. 

[JoeF]

7 hours ago, adshah84 said:

Yes but when that person is not in the USA he/She is not on H1b. 

Yes, but the OP mentioned "approved H1" in his subject line. Working abroad is completely unrelated to an H1. The laws of the country where the person is working apply.