Working outside US on H1-B

As long as your H1B visa is still in effect, you are not "locked in" to a continuous stay in the US and are free to leave the country and return. H1-B visa holders may conduct remote work from any nation, including India. The legislation authorizes relocating H-1B workers to any place that is "Area of intended employment" from an approved location specified in the Labor Condition Application (LCA) at the time the H1-B visa application was made.

Working outside US on H1-B

H1-B holder remotely working from India

The majority of the workforce among the many employees with H1B remote status who work from various locations originates from India. With the assistance of legal counsel, a fresh Labor Condition Application & an amended H-1B petition must be filed if the remote employee's stay overseas exceeds 60 days. 

Employers employing H1-B visa holders are required to display a notice telling US employees that a migrant worker is employed at a workplace location. The H-1B employee must publish a duplicate of a LCA at his new place before he begins working if his worksite area changes or becomes remote.

In order to keep the H-1B nonimmigrant's status for durations shorter than 60 days, the employer needs to be able to demonstrate that the individual still has links to the original employer's workplace. They must have a current H-1B visa in order to enter the country again. 

Before the H1-B visa holder wants to enter India, the employer must issue a letter outlining the continuity of the employer-employee relationship, duties and responsibilities, salary information, and the fact that you were working remotely from India due to their particular reason. The departing employee should have copies of their tax returns from far-off places like India and documentation of their job overseas. 

Salary in the USA, Working in India

Work from India on The US pay is prohibited unless you have a short-term H1B or L1 work visa valid for one to five months. You are not subject to US immigration law after you leave the country. You must adhere to the laws governing work visas in the nation where you are now employed. Legally, your employer cannot list you as a worker in their financial records or pay you a wage in US dollars if you aren't in the country with a legitimate work permit, such as an H1B. 

You should get payment from your US employer via an Indian contracting firm. As long as your US company can legitimately pay you a wage in a US account, you are permitted to work in India and receive a US paycheck. When compared to remote employees from other nations and countries, H1B working remotely is still not tough.

Different rules must be followed based on the working hours and remuneration for remote employees operating from India.

Disclaimer: The information provided in this is for general informational purposes only and is not intended as legal advice. Please consult with a qualified attorney.