H1B Extension denied - Can I continue receive US Salary working from India?


I am currently in India, my H1B visa expired in Dec 2015 but have I-140 approved (approved in Jan 2016). Unfortunately my H1B extension for period of Jan 2016 to May 2016 got denied (still waiting for denial reason) and my another H1B extension for period of Jun 2016 to May 2019 is in RFE now. Hoping this would get approved and I am planning to travel in June after visa stamping.

My company has office in India and planning to work for same client from India till June. Can I still get US salary till June while working from India, is that illegal? Will that cause any issues during Green card processing?

Please help, appreciate your response!



You can get paid in USD while you are working in India. That is ok arrangement from immigration perspective.

But you should also take care of the tax angle of this scenario. You would have to definitely pay taxes in US. As for Indian taxes, check w/ a CA there.

Thank a lot Saurabh, appreciate your quick response! Paying tax in US is fine and I will check on tax part in India as well.