A remote worker who’s now based in India but still receiving their paycheck in a U.S. bank account. They’re doing the same job for the same company, but without an H1B visa. The interesting part? The company isn’t letting them go; they want to keep things rolling and plan to refile for the H1B next year.
The job is entirely remote. There wasn’t a new contract drawn up; only the location has changed — and that’s where the complications begin.
Once someone leaves the U.S. after their F1 or OPT status ends, they can’t legally “work” for a U.S. company in the same way they used to. Even if the company is on board and everything seems normal, the legal landscape shifts significantly.
Now that this person is physically in India, they’re subject to Indian tax laws. They need to report the income they earn there — and failing to do so can lead to problems on both sides of the ocean.
There’s also a risk for the U.S. company. Paying someone into a U.S. bank account when they’re no longer authorized to work in the U.S.? That could trigger red flags during IRS audits or complicate future immigration applications.
Many professionals in this predicament are just trying to keep their heads above water — caught between visa denials and company support, desperately trying to hold onto everything. But neglecting the legal details can quietly lead to long-term consequences, especially if there’s any hope of returning to the U.S.
It’s not just about keeping a job; it’s about doing it the right way — maintaining clean records, having clear contracts, and avoiding any unspoken assumptions.
Getting paid legally from abroad is definitely achievable — just not through shortcuts that ignore the changes. The path to a future green card or tourist visa hinges on the decisions made today.
