(Image source from: kalingatv.com)
On several occasions, the H-1B employees have the choices on their own about working from or outside USA. The employer may offer the employee to work from other country but there are laws that create several complications. Till 2019, a decision was made by the Department of Labor (DOL) for changing the calculus and the solution was that a H-1B employee can work from anywhere outside USA and can be paid any terms not only as per the laws of H-1B. In 2019, DOL said that the unless the H-1B is terminated by the employer, the obligations would continue. It is quite difficult to understand the H-1B laws are quite complex.
The major requirement is that the H-1B employees cannot move out without any additional formalities. Everyone needs to ensure compliance of the US laws of posting the legal notices in an Indian office. This is considered as the debate among the most of the employers. The employers in USA are asked to come up with an additional compliance if needed if the job is relocated more than 50 miles from the location that is approved in advance of the employee. The laws make it clear that the normal commuting distance is 50 km and not beyond that and it makes it clear it is not possible to work from India.
By Siva Kumar