Can H1B work from India, Canada and get Salary in USA (H4 stay, Sabbatical, long term unpaid leave)?

Originally published at: Can H1B work from India, Canada and get Salary in USA (H4 stay, Sabbatical, long term unpaid leave)? - USA

You may be able to work on H1B from home countries like India, China, or Canada as long as the US employer allows it. Normally, US employers will not run US payroll for an extended period. Talk to your employer to see if they can pay you outside the US instead of firing you. You…

I traveled to India from the USA back in January to get my H1B Visa processed by the consular processing method for my new employer.

I was unemployed at the time. I got the I-797 and visa stamped (Dropbox method) for 3 years till 2023.

I then started working from India for my new employer on April 6th as I could not travel to the USA due to COVID-19.

I have been working from India since then and receiving US payroll.

There is still a ‘work from home’ policy in effect for my employer, so instead of working from home in the USA, I am working from my home in India.

Also travelling still seems risky due to COVID-19. I wanted to ask if I can continue to work from India and for how much longer?

Also, is it legally OK that I have already worked from India on a US payroll for close to 5 months now, since April 6th.

I also wanted to know how does that change filing for taxes and how I will be taxed in the USA and India?

Also, how does that change the days I am using up from my H1B visa as I am not in the USA?

Also, my previous I94 expired 10 days ago, is that a problem in me traveling to the USA?

How do I get a new I94 now? Please respond with answers to these questions.

Thanks.

I traveled to India from the USA back in January to get my H1B Visa processed by the consular processing method for my new employer.

I was unemployed at the time. I got the I-797 and visa stamped (Dropbox method) for 3 years till 2023.

I then started working from India for my new employer on April 6th as I could not travel to the USA due to COVID-19.

I have been working from India since then and receiving US payroll.

There is still a ‘work from home’ policy in effect for my employer, so instead of working from home in the USA, I am working from my home in India.

Also travelling still seems risky due to COVID-19. I wanted to ask if I can continue to work from India and for how much longer?

Also, is it legally OK that I have already worked from India on a US payroll for close to 5 months now, since April 6th.

I also wanted to know how does that change filing for taxes and how I will be taxed in the USA and India?

Also, how does that change the days I am using up from my H1B visa as I am not in the USA?

Also, my previous I94 expired 10 days ago, is that a problem in me traveling to the USA?

How do I get a new I94 now? Please respond with answers to these questions.

Thanks.