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How long can I stay and work from India for the US company on H1-B on US payroll

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  • How long can I stay and work from India for the US company on H1-B on US payroll

    Hello - I am in dilemma and wondering if any of you are in the same boat or have experienced the similar situation in the past. I am on H1B visa, was on a paternity leave for 2 months when I came to India in January end (fully paid) and was scheduled to go back to the US around March end but due to corona virus situation getting bad in the US I cancelled my flight and since then working remotely for my US employer. Also, I went to New Delhi during this trip for visa stamping so I have a valid US visa stamp which is valid til 2021 end. I have a few questions:

    1) How long can I stay outside of the US on H1B visa without getting it void (if my payroll is on)?
    2) How long can I work remotely from India on H1B? I am being paid regularly.
    3) Does my employer has to file amended LCA or inform USCIS or any other kind of documentation that my work location is India right now or was when I return to the US?

    This is really urgent so I would appreciate if people can provide their thoughts and share their experiences.

  • #2
    can anyone please help me out?


    • #3
      1) H1 is work authorization in the US, not outside. To your benefit, any time spent outside the US does not count towards the H1 6 year limit. You can recapture these days later
      2) As long as you want. If you're staying in India and getting paid in $$$, all the better.
      3) None. I would advise that they issue you a letter before you plan on returning that clearly states that you still work for them, your position, salary, and that you were in India working remotely due to the covid situation.
      Opinion only. Cannot be construed as legal advice.