Work from India on H1B status - Feasibility, Policies, and Implications?

[raj00728]

Hi,

I am currently on H1B status (without H1B stamping yet) and I am exploring travelling to India for about 2 months next year where I will be on PTO for two weeks and then plan to work from India for the remaining 6 weeks.

Questions:

1. Is this even possible?
2. If possible, what are all the rules/policies both from immigrations and taxes standpoint that I need to be aware of?
3. If possible, are there any implications of this on GC filing (thru PERM or EB1 categories)?
4. Anything else that I need to be considering before making a decision like this?

Thank you.

[Kalpesh_Dalwadi]

@raj00728

Is this even possible?

This is okay for short period of time. Check with your employer if they are ok generating payroll for the time you are in India. Technically once you leave US, H1B laws no more apply as USCIS has no jurisdiction beyond US borders.

@raj00728

If possible, what are all the rules/policies both from immigrations and taxes standpoint that I need to be aware of?

As mentioned above no issue for short term. You will still pay your taxes in the US. You need to be present more than 182 days in India to be considered as tax resident for that tax year.

@raj00728

If possible, are there any implications of this on GC filing (thru PERM or EB1 categories)?

No issues.

@raj00728

Anything else that I need to be considering before making a decision like this?

None.

[raj00728]

Hi Kalpesh! This is extremely helpful. Greatly appreciate your time in responding to my questions. Thank you!