Working remotely from india after visa stamping for new employer

[Mari]

My H1B extension got denied on Dec 2019 and moved  out of US on Jan 2020. I am working from home country by same employer. but H1B transfer petition got approved from new US Employer for full time position on Feb 2020 and its visa got stamped on Mar 2020. Can i work for new US Employer from outside of US country without valid I-94/ without entering into US. If yes, then how long can I work legally from outside of US

Can I work legally remote from India/or outside of US after visa stamping without entering into US/ No Valid I94?

[User099]

There is no limit to how long you can work for them from India if your employer is ok with it. US immigration rules don't apply in India, so technically you don't need a H1 to work for your new employer from India. 

Its legal for you to work from India with no I94, if you employer and you have figured out how to deal with taxes in your case. 

[gopalakrishnach]

Can i work for new US Employer from outside of US country without valid I-94/ without entering into US. -- YES, this depends on the employer. if they agree you can.But you need think about taxes in USA and India. One thing is sure, I saw few cases where they got stamped but employer asked them to work from India for some time. In present situation this is legal.

If yes, then how long can I work legally from outside of US  - Your employer can help you out. I guess as long they are OK but I feel you cannot do that for ever. I am sure your employer can help you on this.

Can I work legally remote from India/or outside of US after visa stamping without entering into US/ No Valid I94? -- I feel for some time under present scenario you can do. Once international travel resumes you can come to USA...

 

[MurthyIndia_Lawyer]

Hi,

Please note that H1B governs and regulates only the employment within the U.S. If one is working remotely from India for a U.S based employer, valid I-94 or an approved H1B is not needed. The terms and conditions set forth on the H1B petition and underlying LCA come into force the moment one enters the U.S. pursuant to H1B status. 

However, one may want to check about the tax implications on your salary in U.S. and India with a qualified CPA / Chartered Accountant