WFH from India with H1B

[SunnyGinger]

Hi All,

Here is my scenario, i am currently on H1B with visa till Dec 31, 2020 and i am currently in INDIA from March 1, 2020. Due to COVID19, couldnt able to fly back and waiting for international flights to resume.

Q1:  Even if i fly back i need to WFH till end of this year and have checked with my manager on continuing to Work from India and she is totally fine with it. is there any time limit that i can stay outside US or will there be any complications on my status?

Q2: My company had started my extension and will there any problem if I stay here in India.

Q3: Actually this time i am planning to take my family to US but i see the slots are available only in Feb, 2021, so i am planning to stay till then and take them along with me. 

Please let me know your inputs 

[User099]

You can stay and work from India as long as your employer is allowing you to work. You are not breaking any US laws by doing so. 

While coming back just have enough proof that you have a job as CBP might question it as you were out of the country for a long time. 

No issues if you are in India for extension.

You and your family will need new visas to come back in 2021.

[gopalakrishnach]

1. I guess no. I maybe wrong.

2. Every case is unique. Due to being India might not be ONLY reason for complications.

3. Whats the question?

[JoeF]

If you are abroad you are by definition not on H1is or any other status.

You have to pay taxes in the country you are in. Both the company and you should discuss this with a good CPA or business lawyer who is knowledgeable about international tax issues.

 

[SunnyGinger]

Thank you all for you inputs