Impacts of working from Home country with valid H1 and payroll continue in the US


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I’m on H1B visa and stamping is valid till 2025. Due to some family health situations I had to come back to India and will not be able to return to the US for an extended period. My client has agreed continue working for them remotely and my employer will continue running my payroll in the US.

Following are my questions related to visa and taxes

1.       Are there any legal complication from H1b standpoint?

2.       In which country I’m liable to pay taxes?

3.       Will there be any legal complication from Indian Tax Departments?

4.       What are the other items I need to be aware of?

5.       Upon my return, will there be any issues from USCIS/CBP?

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You are by definition only on H1 if you are actually in the US. You may have to pay taxes in both countries. Both you and the employer should consult with a CPA knowledgeable about international tax issues.

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