Working for US Employer from India on expired H1 - URGENT

[Icekimi]

I work for a US employer on H1B. My H1B and I-797 expire on 4/1/2012. I was supposed to transfer to India for the same company and change to India Payroll from 4/1/2012. But due to processing delays i can only be in India payroll starting 5/1/2012. My employer has asked me to work from India during that time but be on US Payroll.

My question is whether i can be on US Payroll and work for a US employer even though my Visa and I-797 expire on 4/1/2012.

Please help its urgent.

[JoeF]

Outside the US, you are not on H1 status. You can work for a US employer from abroad, but there may be tax issues. You and your employer should consult with a tax lawyer or CPA knowledgeable about international issues.