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H1B extension From India and Salary

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  • H1B extension From India and Salary

    Due to certain circumstances, I've to work from India. As vendor/client does not have office in India, I'm working from home.
    Now, H1B extension has been applied, and most probably will get approved. However, I'll get the approval after the current visa expiration date.

    Can my vendor still pay me the salary, as extension is already filed?
    if not, when can vendor start paying me? after visa approval? or after entering to US?

    Also, Vendor has filed for Green Card, PERM ahs been filed back in July. does this matter with H1B extension/salary?

    Any help is much appreciated.

  • #2
    Originally posted by hitbyvisa View Post
    Due to certain circumstances, I've to work from India. As vendor/client does not have office in India, I'm working from home.
    Now, H1B extension has been applied, and most probably will get approved. However, I'll get the approval after the current visa expiration date.

    Can my vendor still pay me the salary, as extension is already filed?
    if not, when can vendor start paying me? after visa approval? or after entering to US?

    Also, Vendor has filed for Green Card, PERM ahs been filed back in July. does this matter with H1B extension/salary?

    Any help is much appreciated.
    Once you are outside US you dont have any immigrant status. There is no harm in getting paid . Your employer can pay you anywhere in the world.

    As for taxation yes, you have to pay taxes for this income in India as per India tax laws. Whether you do that or not is upto you.

    As for visa expiry, once your petition is approved, you can go ahead for visa stamping.

    This is my opinion not legal advice.

    Comment


    • #3
      H1B extension From India and Salary

      As I said earlier, both Vendor and Client does not have office in India. So I get paid in US. So I'm paying US taxes.

      I guess there will be 2-3 weeks gap between current visa expiry and getting approval for new visa.
      Also, it will take another month to get visa stamped, and then enter US.

      So can vendor pay me in US while visa extension applied for? after visa approval and before entering US?

      As the lawyer said, I'm allowed to work, which mean I should get paid as well, but not sure.

      Comment


      • #4
        As far as I understand international taxation, the country on whose soil you are performing the service has the right to tax the income. But that's a question which you should ask a tax expert.

        I dont think you have an immigration issue at hand due to getting paid while being out of US.

        This is my opinion not legal advice.

        Comment

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