Is It Legal for a H1b Visa Holder to Work Out of United States for a U.S. Firm
Hi,
I'm currently possesing H1-B visa. I need to go back my home country for a year for some reasons. My company is willing to keep me hired while I'm residing in my home country. Is it legal for a H1B holder working for a US company but residing out of united states? My company is a state university (non-profit organization).
Thanks!
Re: Is It Legal for a H1b Visa Holder to Work Out of United States for a U.S. Firm
This is more of an immigration law question.
Re: Is It Legal for a H1b Visa Holder to Work Out of United States for a U.S. Firm
A visa is about entry into the United States and, for an H1B, your ability to work for a specified employer while in the U.S. Many U.S. companies employ individuals or hire contractors based in other nations, whether directly or through contractors.
What could create complications is if, rather than hiring you in the capacity of an overseas employee (consistent with your nation's laws) or contractor, they continue to keep you on payroll as if you're still working in their U.S. offices. Not that I would expect that you couldn't overcome the confusion created by such an approach, but it could create both tax obligations and immigration difficulties until the confusion is resolved.
Re: Is It Legal for a H1b Visa Holder to Work Out of United States for a U.S. Firm
Why would a state university be doing this? Are you taking an unpaid leave of absence?