H1B Salary & H4 Visa: What Happens if You Take a Sabbatical or Unpaid Leave in India or Canada?

IMMIGRATION

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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.

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