I have recently travelled to India for Vacation and got stuck here amid Corona crisis. With International travel restrictions imposed by airlines, I am not sure of return travel to USA (My workplace). My HR and CTO gave me signs of Layoff just because I am working from India and not from USA -WFH. This decision was taken although my company is performing really well in corona crisis. Is it valid to work from India taking USA salary? Can my company Layoff just because I am stuck here in India despite working from India? #workvisa #h1b #coronavirus #HRissueswithWFH #WorkingFromIndiaWithH1B #stuckInIndia #JobInTrouble
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If you are performing well then there shouldn't be any reason. The circumstance are beyond your control. I have heard people working for Microsoft with H1B Visa issues ended up working in India for a few months. But all of this is anecdotal. You should consult a professional
I think ( guess) legally you can’t work outside USA for long time by being in US payroll. Somewhere I read government basically want to earn and spend in same location ( boost local economy ) just imagine taking Bay Area salary and living in India
This is correct. There are special rules considering the type of the work too. I learned this because I went through a similar situation and one of my coworkers from India shared this information with me.
Usually there are tax issues if you work long time in other countries being in US payroll
I think you should talk to your manager and HR. It’s important to be open and transparent and let them know the issues you are facing. Companies spend a lot of money “acquiring” new talent, especially if they are on visa so you’re not “cheap” for them to let go of. Talk to them and find out a middle ground - may be take these days as vacation days, or work an hour or two more to compensate and perform well. Good luck.
Legally you are allowed to work for 3 months from a different country while on H1b. The company "can" let you do it but that does not mean the company "should" let you do it. On top of that, most states in US are "at will employment" states. They can let you go any time they want as long as it is not illegal. In short - you don't have much "rights" in this case. But, do talk to your HR and manager to see if you can work something out.
Yes. You stay there now
OP hire an attorney ASAP
Legally - yes they can. Ethically, it’s wrong. But reality is - they don’t care.
You cannot work for more than 3 months outside US drawing US salary on H1B. Company has the right to lay you off instead of landing on grey area with the laws.
Its totally companys right to fire you or not . For some reason we Indians feel the world is revolving around us and think we have all the rights in world . They might have security reason that even if you wfh in india it is useless or they think you are not worth paying considering it not productive in India. Every business has right to protect itself
I don’t think the OP at any time mentioned that the world is revolving around him/her or “Indians” feel the world is revolving around them. It’s a legitimate question.
This tone of the comment was totally unwarranted from Amazon. Ppl are finding themselves in unusual circumstances due to coronavirus and obviously some of the situations are not well understood, both by the employer and employee. I see nothing wrong in the question