Can I work remotely from India for a US company once my H1-B 6 years is over?

[kittuvish]

Hello friends

I am a permanent employee of a mid size US company directly and into my 6th year of H1-B. My 6 years stay in US will be getting over in Feb 2013, however my current H1-B approval is valid until March 2013. My employer has started the GC processing by filing the Prevailing Wage Determination but there is no chance of getting the PERM, I-140 and subsequent H1-B extension approved before Feb 2013.

I had 2 questions on this scenario:

1. The company's HR who deals with the attorney told me that I can leave the country in February and work remotely from India after my visa expires until the PERM, I-140 and the Visa extension is approved. Once the steps are done to get the extended H1-B stamped, I can return back to US and resume work from here. Just wanted to know if this is valid and if there would be any issues with this arrangement since I wont have a valid H1-B status so under what head can they have me employed and paid. Can you please confirm if this would be legal and possible at all?

2. Since my H1-B approval and I-94 are valid until March 2013 even though my 6 years within the US would be over in Feb 2013, should I even think of staying here until March 2013 before I fly back to India or should I leave in February (before my 6 years in US are complete)? Can you please confirm if there would be any further issues with my GC process if I stay until March 2013 since this additional month allowance seems to be due to USCIS error in taking into account the number of days I have been here?

Thanks!!

[kittuvish]

Hello,

I would really appreciate if someone can please get me the answer to my first question at least. I will still have time to know about the second question.

Thanks!!

[kittuvish]

Still waiting on some useful advice on my questions... Can someone please help me or tell me a good immigration lawyer who I can consult with on this?

[raghvi]

Hello friends

I am a permanent employee of a mid size US company directly and into my 6th year of H1-B. My 6 years stay in US will be getting over in Feb 2013, however my current H1-B approval is valid until March 2013. My employer has started the GC processing by filing the Prevailing Wage Determination but there is no chance of getting the PERM, I-140 and subsequent H1-B extension approved before Feb 2013.

I had 2 questions on this scenario:

1. The company's HR who deals with the attorney told me that I can leave the country in February and work remotely from India after my visa expires until the PERM, I-140 and the Visa extension is approved. Once the steps are done to get the extended H1-B stamped, I can return back to US and resume work from here. Just wanted to know if this is valid and if there would be any issues with this arrangement since I wont have a valid H1-B status so under what head can they have me employed and paid. Can you please confirm if this would be legal and possible at all?

2. Since my H1-B approval and I-94 are valid until March 2013 even though my 6 years within the US would be over in Feb 2013, should I even think of staying here until March 2013 before I fly back to India or should I leave in February (before my 6 years in US are complete)? Can you please confirm if there would be any further issues with my GC process if I stay until March 2013 since this additional month allowance seems to be due to USCIS error in taking into account the number of days I have been here?

Thanks!!

Once outside US, USCIS pretty much does not mind how and where you are working and how you are getting paid. Its an arrangement between you and your employer. As for your W2/Form-16 etc. You will have to see how that will work out, since you are working in India, you may be required to pay local taxes too. Consult a CPA or tax expert for the same to avoid getting into trouble with IRS/IT Department later on.

If your 6 Year stay is expiring in Feb 2013 then its better to leave on or before that. The responsibility lies primarily with you to follow the rules a stay beyond 6 Years will eventually show up in I-140/GC processing so better avoid it.

The above is my opinion not legal advice.

[kittuvish]

Thanks a lot Raghavi!

In order to recapture some time to bring my 6 years completion closer to March 2013, I am planning to visit India later this year. Can you please let me know if it would be okay to go for my visa stamping in Delhi with a little over 3 months remaining on my I797 approval? I had heard some people mention to me earlier that it's risky to go for the validation if you have less than 6 months remaining on the approval expiration. Is this true at all?

[guestnew]

in the similar situation....please help

Hello friends

I am a permanent employee of a mid size US company directly and into my 6th year of H1-B. My 6 years stay in US will be getting over in Feb 2013, however my current H1-B approval is valid until March 2013. My employer has started the GC processing by filing the Prevailing Wage Determination but there is no chance of getting the PERM, I-140 and subsequent H1-B extension approved before Feb 2013.

I had 2 questions on this scenario:

1. The company's HR who deals with the attorney told me that I can leave the country in February and work remotely from India after my visa expires until the PERM, I-140 and the Visa extension is approved. Once the steps are done to get the extended H1-B stamped, I can return back to US and resume work from here. Just wanted to know if this is valid and if there would be any issues with this arrangement since I wont have a valid H1-B status so under what head can they have me employed and paid. Can you please confirm if this would be legal and possible at all?

2. Since my H1-B approval and I-94 are valid until March 2013 even though my 6 years within the US would be over in Feb 2013, should I even think of staying here until March 2013 before I fly back to India or should I leave in February (before my 6 years in US are complete)? Can you please confirm if there would be any further issues with my GC process if I stay until March 2013 since this additional month allowance seems to be due to USCIS error in taking into account the number of days I have been here?

Thanks!!

Hi kittuvish,

Right now, I am in quite similar situation

My company has filed my PERM in 12 March 2013 and DOL is still processing applications for the month of (end of)Jan 2013. I am in 6th year of my H1 and my H1 is valid only until 31 August 2013(with all buyback time on h1). It is most likely that I have to go back to India. My company is very big consulting company(above 25000 employee and public co.) AND THEY DO NOT HAVE ANY OFFICES IN INDIA.

My attorney told me that I can surely work remotely(from India) even though H1 is expired. However, I do not know whether my company will be able to run my payroll in US.
If you have any information please let me know. As I know you are also working remotely after H1 is expired. Does your company has office in India ? and how do you get paid ? Direct deposit in US bank OR get salary in Indian rupees ?

is short, how are you able to receive the payment for the work with regards to taxes and legalities ? It is complex ?

Please note that my company do not have any offices in India....

your help will be really appreciated.

[Nafsiyati]

So is it possible to do for a purely US employer ? I could be in a very similar situation as well.