Vacation/Working from aborad while on green card

[please_vacate 0]

I recently arrived in the U.S. on a spousal IR1 visa and have a green card. I am planning to take a 4 weeks vacation to my country of origin, India. However, since my vacation days are limited, my femployer wants me to take 1-2 weeks completely off and are OK with me working remotely from India for 2-3 weeks. I have following questions

1. Is it OK for me to work remotely from India for 2-3 weeks, while I am there?

2. My employer has also offered for me to visit the India office if I chose to and work from the India office for 2-3 days while I meet and greet my colleagues there. Is this preferable to do to make the visit more "official" i.e just like a regular overseas business trip? If not, I'd rather save myself domestic travel within India and just keep working remotely. However if visiting India office even for 2-3 days, helps in anyway, I am open to doing it.

3. Are there any other concerns (tax etc.) I should be mindful of in terms of working remotely from India for 2-3 weeks while I am visiting?

 

Thanks!

@pushbrk, @JFH, @NikLR, @Penguin_ie, @From_CAN_2_US

Edited November 27, 2022 by please_vacate

[SalishSea 17,801]

48 minutes ago, please_vacate said:

I recently arrived in the U.S. on a spousal IR1 visa and have a green card. I am planning to take a 4 weeks vacation to my country of origin, India. However, since my vacation days are limited, my femployer wants me to take 1-2 weeks completely off and are OK with me working remotely from India for 2-3 weeks. I have following questions

1. Is it OK for me to work remotely from India for 2-3 weeks, while I am there?

2. My employer has also offered for me to visit the India office if I chose to and work from the India office for 2-3 days while I meet and greet my colleagues there. Is this preferable to do to make the visit more "official" i.e just like a regular overseas business trip? If not, I'd rather save myself domestic travel within India and just keep working remotely. However if visiting India office even for 2-3 days, helps in anyway, I am open to doing it.

3. Are there any other concerns (tax etc.) I should be mindful of in terms of working remotely from India for 2-3 weeks while I am visiting?

 

Thanks!

@pushbrk, @JFH, @NikLR, @Penguin_ie, @From_CAN_2_US

Since you are from India, aren't you in a better position to evaluate whether India has a problem with you working remotely?  USCIS/DOS doesn't set such rules for other countries.  Only for people coming to the US and trying to work remotely.

 

LPRs and USCs are taxed on worldwide income.

[From_CAN_2_US 1,106]

54 minutes ago, please_vacate said:

I recently arrived in the U.S. on a spousal IR1 visa and have a green card. I am planning to take a 4 weeks vacation to my country of origin, India. However, since my vacation days are limited, my femployer wants me to take 1-2 weeks completely off and are OK with me working remotely from India for 2-3 weeks. I have following questions

1. Is it OK for me to work remotely from India for 2-3 weeks, while I am there?

2. My employer has also offered for me to visit the India office if I chose to and work from the India office for 2-3 days while I meet and greet my colleagues there. Is this preferable to do to make the visit more "official" i.e just like a regular overseas business trip? If not, I'd rather save myself domestic travel within India and just keep working remotely. However if visiting India office even for 2-3 days, helps in anyway, I am open to doing it.

3. Are there any other concerns (tax etc.) I should be mindful of in terms of working remotely from India for 2-3 weeks while I am visiting?

 

Thanks!

@pushbrk, @JFH, @NikLR, @Penguin_ie, @From_CAN_2_US

4 weeks is not a long time to be on vacation and outside of the US. You should not have any problems returning to the US. Ideally, your USC spouse travels with you, but even without that, you should not have any issues.

 

I understand you are an Indian citizen, so working remotely from India should not be a problem. 
 

As for taxes, I am not sure of the laws with India. But my gut tells me no one is going to bother to demand Indian taxes from you for such a short time. To be sure, you could talk to a tax consultant…

 

No need to justify the 4 weeks by making it “a business trip.” It is a vacation, and no problem in declaring it as such.
 

 

[From_CAN_2_US 1,106]

8 hours ago, From_CAN_2_US said:

4 weeks is not a long time to be on vacation and outside of the US. You should not have any problems returning to the US. Ideally, your USC spouse travels with you, but even without that, you should not have any issues.

 

I understand you are an Indian citizen, so working remotely from India should not be a problem. 
 

As for taxes, I am not sure of the laws with India. But my gut tells me no one is going to bother to demand Indian taxes from you for such a short time. To be sure, you could talk to a tax consultant…

 

No need to justify the 4 weeks by making it “a business trip.” It is a vacation, and no problem in declaring it as such.
 

 

It appears staying for 4 weeks would not make you a tax resident of India. 

 

Source: https://www.ey.com/en_in/tax/india-tax-insights/stranded-in-india-due-to-covid-19-know-the-tax-implications-of-working-remotely-from-india

Edited November 27, 2022 by From_CAN_2_US

[please_vacate 0]

13 hours ago, Jorgedig said:

Since you are from India, aren't you in a better position to evaluate whether India has a problem with you working remotely?  USCIS/DOS doesn't set such rules for other countries.  Only for people coming to the US and trying to work remotely.

 

LPRs and USCs are taxed on worldwide income.

Thank you. I should've been clearer in my phrasing. I was curious about IRS or DHS, USCIS etc. for that matter bothering with me working remotely from India for 2-3 weeks. As @From_CAN_2_US has so kindly explained I am sure Indian tax authorities do not have any problems with it.

Edited November 27, 2022 by please_vacate

[please_vacate 0]

13 hours ago, From_CAN_2_US said:

4 weeks is not a long time to be on vacation and outside of the US. You should not have any problems returning to the US. Ideally, your USC spouse travels with you, but even without that, you should not have any issues.

 

I understand you are an Indian citizen, so working remotely from India should not be a problem. 
 

As for taxes, I am not sure of the laws with India. But my gut tells me no one is going to bother to demand Indian taxes from you for such a short time. To be sure, you could talk to a tax consultant…

 

No need to justify the 4 weeks by making it “a business trip.” It is a vacation, and no problem in declaring it as such.
 

 

Awesome. So no impact on LPR status whatsoever if I work remotely from abroad for a bit? Thanks!

Edited November 27, 2022 by please_vacate

[Chancy 6,241]

*** Moved from General Immigration-Related Discussion to Working & Traveling During US Immigration ***

 

[OldUser 6,607]

4 hours ago, please_vacate said:

Awesome. So no impact on LPR status whatsoever if I work remotely from abroad for a bit? Thanks!

No you are free to work even permanently if needed. Just pay the US taxes.

[OldUser 6,607]

11 minutes ago, OldUser said:

No you are free to work even permanently if needed. Just pay the US taxes.

To add to that: you need to keep your LPR status by maintaining residence in the US, e.g. spending enough time on US soil. I meant you can work for your current US employer remotely from abroad for indefinite amount of time, as long as you don't break your continuous US residence. You can also work for a foreign employer remotely from the US.

[please_vacate 0]

2 minutes ago, OldUser said:

To add to that: you need to keep your LPR status by maintaining residence in the US, e.g. spending enough time on US soil. I meant you can work for your current US employer remotely from abroad for indefinite amount of time, as long as you don't break your continuous US residence. You can also work for a foreign employer remotely from the US.

Since I will be away only for 4 weeks, what would be the best way to answer the CBP if asked about what I was doing while I was away? Primary reason for travel i.e visiting relatives?

Edited November 28, 2022 by please_vacate

[Chancy 6,241]

5 minutes ago, please_vacate said:

Since I will be away only for 4 weeks, what would be the best way to answer the CBP if asked about what I was doing while I was away? Primary reason for travel i.e visiting relatives?

 

If you will be away for much less than 6 months, it is very, very unlikely that CBP will ask you the reason you traveled out of the US.

 

[SteveInBostonI130 3,432]

You are allowed to work remotely as an LPR, as far as USCIS is concerned.

 

The visiting country allowing you to work remotely is a different matter.  

 

In your specific case, you should be able to do so but will have to evaluate tax implications.  This part has nothing to do with USCIS.

[Cathi 5,746]

20 hours ago, From_CAN_2_US said:

 Ideally, your USC spouse travels with you, but even without that, you should not have any issues.

 

 

There is no need or requirement for the spouse to travel with. My husband traveled internationally and domestically many times without me while he only had his green card with absolutely no issues whatsoever, and no mention of it when he removed conditions or when he naturalized. 

Edited November 28, 2022 by Cathi

[OldUser 6,607]

27 minutes ago, Cathi said:

There is no need or requirement for the spouse to travel with. My husband traveled internationally and domestically many times without me while he only had his green card with absolutely no issues whatsoever, and no mention of it when he removed conditions or when he naturalized. 

I think travelling together only matters if going for a lengthy trip without a spouse AND naturalizing under 3 year rule. An IO may nitpick on it, accusing LPR of breaking marital union. Not a common thing, but it does happen.

Edited November 28, 2022 by OldUser

[From_CAN_2_US 1,106]

3 hours ago, OldUser said:

I think travelling together only matters if going for a lengthy trip without a spouse AND naturalizing under 3 year rule. An IO may nitpick on it, accusing LPR of breaking marital union. Not a common thing, but it does happen.

Exactly. This is why I mentioned it. The requirement to be living in marital union continuously for the three years prior to application of naturalisation.

 

4 weeks is probably not long enough to cause any issue with the naturalisation, but, if you get the strictest officer, the risk is not 0 unless the spouse travels with you.

 

I am in a similar situation actually. I am away from my husband for 4 months as I am caring for my mother while she is treated for cancer. I maintain US residency, but an officer adjudicating my future naturalisation application may question whether I satisfy the condition of living in continuous marital union. Since 4 months is lot longer than 4 weeks, I will have to think about delaying my naturalisation application. The alternative is not delay, and give it a shot by submitting proof of medical reports justifying my need of being away, and submitting proof continued marital union in the form of messages/ call logs etc etc.

Edited November 28, 2022 by From_CAN_2_US