H1 visa stamp till Aug 30, 2012. Currently in INDIA since Nov 11th, 2011( has been working for US employer and receiving pay stubs). Is it OK ??


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Hi All,

My employer has offices both in US and India. I'm a Full time Core Chemical Engineer, (non IT, no consulting, no contract). Direct Employer.

I have H1 visa stamp till Aug 30, 2012. Came to INDIA on Nov 11th, 2011 and working for US employer since then. Receiving US pay stubs in $, regular salary. Currently, managing the work coming from US here.

My employer is asking/ insisting me to stay till May 15, 2012 in India to finish the US project completely.

CAN I leave US and stay in India for more than 6 months????

........I know that usually people on green card should not leave US for more than 6 months.

Can some one please help........really appreciate your help. Thanks in advance.

(Joef........if possible please answer)

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Yes, You can keep working for your employer in India and get paid in US salary. This is like if you are a US employee deputed abroad. I did that for 8 months last year while I was stuck in india due to visa denial at consulate under section 221(g)

Yes green card holders staying more than a year or so need special permit otherwise they are assumed to have abandoned their permanent resident status. You don't have to worry about that as you were on H1B

Make sure you don't lose your NRI status i.e. not resident in India for more that 365 calendar days in 5 years /720 days in last 7 years, You wont lose any H1B status etc but technically you will be required to file income taxes in India as you generated employment income while staying in India.

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