I am filing for i-130 and i-485 together. My current authorization expires in a month. My current US based employer is happy to transfer me back to India office so I don't have to quit my job. Question I have is, I don't want to leave US and go back to India. Pending 485 extends my legal stay in States. Can I work for Indian company on Indian payroll while continuing my stay here. (assuming my company has no objection) Would that break any laws?
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Can I work for Indian company on Indian payroll while staying in US, i-485 AOS is pending
- Thread starter palikon
- Start date
Thanks for responding. US Taxes would be applicable only if I am resident alien for tax purposes, which I am not since I haven't completed five years in USA. My first entry in US was Aug 2019 right?
Do you have any references pointing towards :
Do you have any references pointing towards :
...if you don't have work authorization. Where the company is located is not relevant.
No. You are confusing several different things. First of all, you are a resident alien if you pass the Substantial Presence Test, which most people pass if they spend most of the year in the US, so they would pass it the first year or at most the second year they are in the US. You are thinking of the provision where people in student status (F, M) are exempt individuals (i.e. days present not counted in the Substantial Presence Test) unless they have been an exempt individual for some part of 5 previous calendar years. You never said that you are in student status. And even if you were in student status, if you came in 2019 and have been in the US for at least one day in student status every year since, then you would not be an exempt individual for any part of 2024, because you had already been an exempt individual for some part of 5 previous calendar years (2019, 2020, 2021, 2022, 2023), so you would most likely be a resident alien for all of 2024. (And even if you were in your first 5 calendar years, which you are not, you would cease to be an exempt individual if you violate the terms of your student status, e.g. by working outside what is allowed by your student program.)Thanks for responding. US Taxes would be applicable only if I am resident alien for tax purposes, which I am not since I haven't completed five years in USA. My first entry in US was Aug 2019 right?
Second of all, even if you were a nonresident alien, you are still subject to US taxes on US-sourced income. And income from work performed while you are in the US is US-sourced income (with some exceptions that don't apply here). So it doesn't matter if you are a resident alien or nonresident alien as far as this is concerned.
Not directlyDo you have any references pointing towards :