Working from India while on H-1B during COVID

[As1313]

I am currently working in the US on H1-B visa. Our office is currently closed due to COVID and my employer has advised that we will be working from home till Feb 2022.  I have 2 questions:

1. Considering we are currently allowed to work from home- Can I go to India and work from India (or will there be any LCA issues)

2. If yes- for how long can I work from India without impacting my H-1 B visa status 

[pontevecchio]

1. Yes. There will be tax implications. Also, your H1 status is not relevant in India

2. As long as the company lets you

[Zodiac System]

When does your current H1b expire?  Do your have a visa stamp for coming back in February 2022 or will need stamping? Will you get a client letter, if currently working for a business client?  Will you be able to get an NIE letter from your employer for return back to US? (or do you have a citizen child?). 

Considering all the the factors are in your favor, you should be able to go to India and be back in 5 months, by Feb. 2022.  Lets see what others advise.

[JoeF]

You are in H1 status by definition only when you are in the US. You can work from your home country for as long as you want to, but you may have to pay taxes there.

[LeaveMessageH1B]

1. It is employer's decision to let you work form India , no LCA issue. when you are out side of US- you're not on H1

2. As long as your employer is willing to pay you in USD and keeping your Job here.