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Can I stay and work in India for a US company in H1B ?

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  • Can I stay and work in India for a US company in H1B ?

    Hi,
    I am in the US working for a US company. I have my H1-B valid till Sep 2015. Due to family reasons, I need to re-locate to my home country (India) next month (March 2015) permanently. My employer here in the US has agreed for me to continue my work remotely from India. They are willing to run payroll here in the US while I stay and work from India. They will continue to credit the salary to my US Bank account (My employer does not have an Indian operation and does not want to wire transfer the US salary to my Indian Bank account ). I need to know answers to the following questions:

    1. Is it legal to work in India remotely for a US employer while I am on H1B?
    2. Since I work remotely from India, is it legal to get salary credited in US Bank account?
    3. If 1 & 2 stated above is possible, will there be a problem in my H1-B renewal in Sep 2015? I will be doing the renewal from India and I have 3 more years in the 6 years max.
    4. What will be the tax implication? Should I pay double taxes? Since I will be in India from April 2015 to March 2016, will the US salary be completely taxed in India? Whom should I approach to file taxes in India? Can any Chartered Accountant who file Indian taxes can do this?
    5. What will be the taxes in the US?

    Please let me know.

  • #2
    1 and 2 are legal, but brings it to your 4th question. if you are physically working from India for more than 183 days, you might come under double taxation. Better to confirm with IT department/ Tax Lawyer in India.

    Renewal should not be a problem.

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    • #3
      Thank you for your reply. I will check with Tax lawyer.

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      • #4
        Hi did you find the answer of this ?could you please share

        Originally posted by rpa123 View Post
        Thank you for your reply. I will check with Tax lawyer.
        Hi did you find the answer of this ?could you please share

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