H1 Tax issue

[0002852853]

I have been working in the US for a few years now for this company. But due to my 6 yr visa max issue I will be working remotely for about 8 months from India starting Nov 25.
I understand i will no longer be a W2 employee and will have to work as a consultant. I have the following questions:

1.During this time should i have my company pay me in regular US bank a/c or the Indian bank a/c? From a tax perspective what is more beneficial?

2.In either of the above scenarios, Will i be filing tax return in the US or India? What if i were to work from India for more than a year. Will any of the above answers change?

3. I would like to get paid in the US a/c so i can pay my expenses while I am away working remotely. Is there anything i need to do like creating a company in the US to get paid in US a/c ie in USD?

Thank you for your help in advance

[raghvi]

I have been working in the US for a few years now for this company. But due to my 6 yr visa max issue I will be working remotely for about 8 months from India starting Nov 25.
I understand i will no longer be a W2 employee and will have to work as a consultant. I have the following questions:

1.During this time should i have my company pay me in regular US bank a/c or the Indian bank a/c? From a tax perspective what is more beneficial?

2.In either of the above scenarios, Will i be filing tax return in the US or India? What if i were to work from India for more than a year. Will any of the above answers change?

3. I would like to get paid in the US a/c so i can pay my expenses while I am away working remotely. Is there anything i need to do like creating a company in the US to get paid in US a/c ie in USD?

Thank you for your help in advance

This is more of a tax question rather than an immigration related query. In my opinion as you will be working on Indian soil Post Nov 2013, Indian tax laws will apply irrespective of the bank account where the salary is credited. At the same time since you have worked 11 Months out of the 12 in US you would have to file tax returns in US for the Jan - Nov 2013 period, and subsequently From Dec 2013-March 2014 in India for the Indian financial year. Talk to a tax expert to determine the best options.

This is my opinion not legal advice.