I am planning to travel to India and work remotely from India for sometime. I would like to know if I could work from India remotely and for how long can I work from India with a US payroll.
Technically you will no longer be in H1B status once you leave the US until you enter back again on H1B visa. In other words, US immigration laws do not apply outside the US territory. Also any time spent outside of the US do not count against your H1B term.
That said you need to discuss with your employer on how long they can run US payroll for you while you are outside on the US and work remotely as they will need to comply with DOL and USCIS laws.
Also if you stay more than 6 months outside of the US, make sure you understand the tax implications where by you may be non-resident for tax purpose in US but resident for India and you may have to file your tax returns under the DTAA.
Thanks Kalpesh for the response. I am planning for 3 months and the employer is good to run the US payroll for 3 months. Is there any other implications apart from the US payroll especially while returning at port of entry.
Nothing in particular, just carry all H1B documents if asked to present by CBP.