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Can i work from india remotely for my US employer with out status and US work permit

Jacksonville, FL |

Currently i'm working in IT industry on L2 EAD for a US employer as a full time employee. My EAD expires on Jul 20th, 2012. My company filed H1b for me for FY 2013 and the start date is Oct 1st 2012. Its a US health care company which doesn't have any branches/ offices in my home country India. here are my questions

1. can i keep working for the same company in the same role from india (remotly) for august and september until my h1b start date. i will not have any status/ work permit for this period.
2. is it legal to do so? if yes where shoudli pay the taxes? India or US or both.
3. if my husband leaves (L1 visa holder) by June end, can i stay here till july 20th and work?
if no, can i work from india atleast till july 20th.( i have work permit till July 20th).

Attorney Answers 4

Posted

You can work from India but not as a US employee. You can work as a consultant. If your EAD is based on oyur L you cannot work after your husband's L-1 status is terminated

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4 comments

Asker

Posted

Thanks alot Karen for your swift responce. As my EAD expires on July 20th, can I still be an employee of my US company with no pay till oct 1st,2012? or is it mandatory to resign on july 20th and rejoin on oct 1st. My concern is by resigning and rejoining i'll lose Bonus, health insurence and many other benefits. Is there anyway that i can continue employment even with no pay.

Karen-Lee Pollak

Karen-Lee Pollak

Posted

Unfortunately you cannot work for the company past July 20th even for free. You are not lawfully authorized to work in the US after July 20th

Asker

Posted

Karen, can you please tell when we call L-1 status is terminated. in my case my L1 holder has visa till august 4th, but he is planning to go to india in the 1st week of July. in this case his L1 is terminated or its still in active as visa is valid till july 4th.

Karen-Lee Pollak

Karen-Lee Pollak

Posted

If his L1 position ends in the 1st week of July so will his status and so will any L-2 status that you have.

Posted

Yes, with the guidance of a good attorney ... it might be possible.

FORMER IMMIGRATION LAW PROFESSOR -- LEGAL DISCLAIMER: This answer is offered for informational purposes only. It does not constitute an attorney-client relationship.

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Posted

The other attorneys are correct.

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Posted

Contact Brigette Bennett at Bennett Law Center near Orlando.

She is an outstanding local immigration attorney:

Bennett Law Center
302 W Orange St
Groveland, FL 34736
Office: 352-557-8989

Good luck.

[Here Comes The Disclaimer] Avvo is a great place for people to share information and that's what we are doing here. Nothing in the answer above should be construed as retaining an attorney or receiving the benefit of retained counsel. We encourage you to retain an attorney and dig into you particular concerns. I urge you to consult another lawyer if you wish a second opinion. Time limitations may affect your rights to pursue a claim; therefore, you should act promptly in consulting another lawyer, or otherwise pursuing your claim. That said, thanks for reading this far and best of luck in all you do.

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