Working on 1099 for Employer on H1B while in India

[USADreams]

I had to come to India for urgent family issue . I am here for about 6 months now and not sure when I will be able to return back .

 

My employer wants to continue having my services as an Individual Contractor while I am in India and will be providing 1099 instead of W-2 for the period while I am India . If I return I will be back on W-2 . Can there be any legal/tax issues with this ? Should I rather be paid on W-8BEN and pay all taxes in india ? Also please not that this is same employer holding my H1 visa and no side work.

[pontevecchio]

You may have tax implications in India. Consult a CPA.

[JoeF]

You are not on H1 by definition if you are outside the US.

You probably have to pay taxes in your home country. Talk with a CPA or business lawyer experienced with cross-country issues.

[t75]

(I assume you meant "note" and not "not"). I suggest you have your new agreement reviewed by one of the attorneys familiar with both US immigration/ tax and Indian tax laws.  It would not be in your best interest to base your plan on a forum since much depends on specifics of the situation.