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  • Working fron India on US payroll

    I am on H1B with a Green card in progress in EB3 category with I-140 approved.
    I have already completed my 6 years on H1B and is currently on 3 years H1B extension.

    My company is looking to explore the opportunity of outsourcing work to India.
    However they do not have an office in India and does not want to open up the office until they
    see the benefits which would probably take another year or so.

    At this moment they want me to work remotely from India while I will be paid here in US.

    I have few questions:

    1. Is it legally possible to work from India while being on a US payroll ?
    2. What will happen to my GC and H1B ?
    3. Is there a timeframe in which I need to come to US to maintain my status ?
    4. Can the company file for my change of job location to be in India so that I don't run into any issues?
    Or is this not required ?
    5. When I work from India I will not be getting the H1B minimum wages as the cost of living in India is less. What will happen in this case.Can i work on less than required wages while being in India
    6. Do I need to pay taxes in US and India or only in US ?
    7. Can I skip medicare deductions since I will no longer be in US ?
    8. My other option is to ask the company to carry on with my GC and I open up an office in India and work as a sub contractor. Is it possible for the company to pay me in India ? Will that be a problem for them ? Do I need to pay taxes in both the countries ?

  • #2
    Hi,

    Did you get any reply for this? If yes, can you please share your answers here.

    Thanks,
    VK


    Originally posted by indian101 View Post
    I am on H1B with a Green card in progress in EB3 category with I-140 approved.
    I have already completed my 6 years on H1B and is currently on 3 years H1B extension.

    My company is looking to explore the opportunity of outsourcing work to India.
    However they do not have an office in India and does not want to open up the office until they
    see the benefits which would probably take another year or so.

    At this moment they want me to work remotely from India while I will be paid here in US.

    I have few questions:

    1. Is it legally possible to work from India while being on a US payroll ?
    2. What will happen to my GC and H1B ?
    3. Is there a timeframe in which I need to come to US to maintain my status ?
    4. Can the company file for my change of job location to be in India so that I don't run into any issues?
    Or is this not required ?
    5. When I work from India I will not be getting the H1B minimum wages as the cost of living in India is less. What will happen in this case.Can i work on less than required wages while being in India
    6. Do I need to pay taxes in US and India or only in US ?
    7. Can I skip medicare deductions since I will no longer be in US ?
    8. My other option is to ask the company to carry on with my GC and I open up an office in India and work as a sub contractor. Is it possible for the company to pay me in India ? Will that be a problem for them ? Do I need to pay taxes in both the countries ?

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