IMMIGRATION
Whether you can work from India, Canada, or any other country while on an H-1B visa and receive your salary in the US depends on several factors and isn’t always straightforward. Here’s a breakdown of the different scenarios:
Working remotely with US payroll:
- Generally not allowed: The purpose of the H-1B visa is to work specifically in the US for a US employer. Remote work outside the US for an extended period can jeopardize your visa status.
- Exceptions may exist: In some cases, like temporary business trips or unforeseen circumstances, short-term remote work may be permissible. Consult with your employer and an immigration attorney to assess your specific situation.
Working remotely without US payroll:
- Allowed if you’re not working for your US employer: You can work for a company in your home country while on an H-4 dependent visa or during a sabbatical/unpaid leave from your US employer. However, you won’t receive your salary from the US company.
- Tax implications: You’ll be responsible for paying taxes in your home country on the income you earn.
Additional considerations:
- Duration of absence: While there’s no set limit on how long you can be outside the US, extended absences can raise questions about your intent to maintain your H-1B status.
- Maintaining a US address: It’s essential to maintain a physical address in the US to receive official USCIS communications and demonstrate ties to the country.
- Consulting with an attorney: The complexities of immigration law make it crucial to consult with a qualified immigration attorney to understand your specific situation and potential risks.