labor still in process. Working from India option when h1 expires

[guestnew]

Hi,

I have following situation

I am in my 6th year of H1B and my company filed my labor On March 12, 2013 which

is still not approved. My H1B will end on Sept 3, 2013 which is 3 months from

now. My attorney told me that looking at the current processing scenario it is

most likely that the labor approval may take 6 months and I will have to leave

country at end of Augest 2013. The company will continue with my green card

process and once I get labor, I-140 approved and subsequent H1 extension gets

approved I can come back to US.

I am checking for an option to work from India for the same client. I would like

to know the legalities with the same.

My company is big consulting firm and they DO NOT have any office in India.

Through this company I am working as a Contractor for federal goverment client.

My questions

-- Can I work from India for my US company legally ?

-- If yes, then how my payroll will be run ?

-- Any other implications ?

your help will be truly appreciated.

thanks!

[JoeF]

You probably have to pay taxes in your home country if you work form there.

Both you and your employer should discuss this with a good CPA or business lawyer.

Also, the client may not like it if somebody connects to their systems from another country.

[bsaurav]

I am in a same situation here..

  I am on 7th year of H1b. The H1b expires on end of october, 13. My existing pending I-140 has been denied in appeal. My employer is proposing to file new PERM in next month. As perm approval will take 5 month from july, hence employer is saying to go out of contry from august. This will enable them to bring me back to the country once perm is approved, I-140 is approved and h1b extn is done. They propose that they will be able to bring me back retaining july priority date. Is this kind of time capturing permitted?

Need your valuable input.

 

[permaudit]

You will be able to work for your employer legally from India for the same client. Given that you no longer would have work authorization, he would not be able to run payroll for you in the US. If your employer has operations in India then he can aswell run payroll for you in India following Indian regulations and taxation. But I heard the process is kind of complicated. 

 

But when you renew your Visa and go for stamping, you can for sure say that you have been working for your employer and his client in India. (I was in the same situation and did say the same during my visa interview)

 

All the best!