Question about spending extended period in home country

D

desi929

Registered Users (C)
I am currently on EAD with I-485, EB3 India pending for over 3 yrs. My company is expanding its operations in India and I will be travelling there for 3 months to help setup the office and get things running.

However, my General Counsel's are saying that its critical that I have not spent more than 365 days in the home country in a preceding 4 year, otherwise I would be considered a Resident IN India.

Well, I AM a resident of India - with Indian passport and all that fun stuff. So I am wondering what this 365 days rule is.

I understand that if I spend more than 182 days in a current tax year in India, then the company has to pay taxes but I am not aware of any residency issues.

Also, are there any implications of spending a lot of time in home country due to work. I will still be based out of US...maintaining a valid address here and getting paid in US...its just that I will be physically in India.

Thanks in advance !!
 
Hi,

I did the same thing and i was in INDIA for 3 months last year for starting our company office in Bangalore.

I got the paycheck from US and i stayed in INDIA ...I did not see any problems so far but i have to tell you tjat i haven't got my GC yet and i am in the final processing with EAD with PD March 2003.
So i am not sure whether this is helpful or not.

Thanks,
Ravi Surya.
 
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