Work from India since OPT expired


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My OPT expired and I am going out of the country. I am not eligible for STEM extension. 

My employer is willing to let me keep my job by letting me work from India but still get my salary transferred to my US bank account. I am aware that I can legally work from India to any employer however I have a specific questions.

Could you please let me know

1. Is it legally ok for the salary to be direct deposited to US bank account, while I work from India. 

2. How do I take care of tax? Should the employer cut the tax in US before transferring or would the entire sum should be taxed according to Indian law?

3. If the employer files for an H-1B this year, will there be any legal situations that I need to be aware of?



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I am not sure if it is allowed or not, but will state from my experience, My employer told that it is not possible if I am not in status. The only option I had was to have an Indian payroll running.


You should have no issues for H1 petition. Its like any other consular processing petition. All the best.

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