Hi,
I am HR Manager working with IT MNC in India. I came to USA on B1/B2 visa to USA ( personal visit ) after putting leave for 2 months into current company. Now I could not go back to India due to COVID 19 pandemic and extended my stay here in USA. Meanwhile my company continued paying me salary in India till July 2020 since F2b 2020. Now I don't have plan to go back to India as I got married in USA, but my company is asking me to resign if I don't have plan to go back to India and most importantly asking me salary paid since Feb to July 2020 as per them I was on leave. Now I never said to be agree upon applying for leave from May 2020 to July 2020 as I was okay to work remotely just like anybody in my company in India were working remotely and be paid in India ( not in USA ). But company is arguing that I can not work in USA legally on B1 visa, and hence they can not pay me salary. I agree that I can not work in USA on B1 visa ( for the same I need to have H1 or L1 visa ), but at the same time it is also true that company can pay me in India, not in USA on B1 visa. Company is already paying to employees in India who are travelling to USA on B1 visa, then why not me ? Here company is arguing that I am on my personal visit, and not on company job on B1 visa - That's also true. But I was ready to work on B1 visa in pandemic situation, and was not agree to apply for leave in system. Now company is asking their 4 month salary paid back, and I am not in agreement to return their salary as it is my right to be paid for salary in pandemic situation where in I am still their employee. As such I don't have intention to go back to India.
Please guide me if company can harm me legally ? Can I legally respond right to the company if they file some legal case against me in India to claim 4 months salary back ? Am I legally right on my stand ?
Please advise.
