Can a person work in USA on H1B by drawing per-diem in USA while getting his salary back in home country ?
Is there any norm for H1B visa, that individual should be drawing salary on USA soil?
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H1B visa is for employment in US. You have to be paid is USD, submit income tax according to US taxation laws etc. Getting a daily allowance while income is in rupees and getting credited to an Indian bank account would be illegal.
Thanks dPat for your response.
My current situation is that I get paid both in US and in India.
In USA , I get daily allowance along with other perks ( lodging and travel expenses ).
While back in India I get Salary. The sum of whole package is much higher than the prevailing H1-B wage level for my experience.
Is this illegal too?
You can get hourly based payment or weekly or monthly. Your employer must provide you W2 for wages paid and the taxes withheld. If that is the case, there should not be any problem.
You must declare your Indian income in US too. Their tax is calculated on global salary.
Even in my company we get wages both in US and in India. So far no one has faced any issue. My employer is one of the biggest IT companies in India.
I am not an expert so Saurabh or other expert can advise you.
As part of H-1 process, the employer has to file the LCA. They would mention the salary in the LCA (in USD) along w/ the fact that it’s hourly or yearly basis. Later, they have to pay at least that minimum salary in US. What they pay in India is separate and should be in addition to LCA amount.
This is in addition to what others have responded.