Working and getting paid on Approved H1B application while outside USA

USA H1B Visa
1

Hi All,

Hope everyone is doing great. I am looking forward to your advice in my situation below:

I am currently in Canada since 2018 after my OPT expired.

My H1B application has been approved on 28th August 2021. My employer(consultancy) has started marketing my profile and got a job for me. But I have the following questions:

  1. Can I work remotely from Canada for the US company on my approved H1B application ( I will not be able to get the visa stamped as Embassy is closed due to Covid. Also I don’t have any other valid US visa )

  2. If I can work, can I be paid in my US account from Oct 1st?

I am not sure and would need your advice here. My concern is that I am not in US, don’t have a stamped work visa. Is it legal to get get paid in my US account in such a situation?

Thanks in advance

2

Technically, unless your H1B is stamped you will not be considered in H1B status. Also there are no rules governing an H1B holder working from abroad as USCIS jurisdiction do not extend beyond US borders :slight_smile:

You can work from anywhere for a US employer however receiving salary income in a US bank account might be an added tax liability for you as you will need to pay US taxes as non-resident (1040NR) and you may also have to pay Canada taxes as you will generate a foreign income.

I suggest consulting an immigration lawyer and a tax consultant for your unique situation.

3

Thank you for your reply. I will
Try reaching out to my employer and immigration and tax consultants.

I just want to be sure that it’s not illegal to get paid in the US account as I don’t have any valid stamped visa and also I am not in US