H1B telecommuting
May 11th 2003, 9:06 am
#1
Guest
Posts: n/a
H1B telecommuting
Hi,
If an H-1B wants to work part-time for a non-US company that does not
have US offices and doesn't sell products to the US market, is a I-129
petition required? Can it be filed by such a foreign company?
Is the employee in violation if he fails to obtain authorization from
BCIS to perform such work?
Thanks for the help!
If an H-1B wants to work part-time for a non-US company that does not
have US offices and doesn't sell products to the US market, is a I-129
petition required? Can it be filed by such a foreign company?
Is the employee in violation if he fails to obtain authorization from
BCIS to perform such work?
Thanks for the help!
May 11th 2003, 11:20 am
#2
Guest
Posts: n/a
Re: H1B telecommuting
On Sun, 11 May 2003 02:06:04 -0700, Kondo Lee wrote:
> Hi,
>
> If an H-1B wants to work part-time for a non-US company that does not
> have US offices and doesn't sell products to the US market, is a I-129
> petition required? Can it be filed by such a foreign company?
This is a grey area of the law at best. In theory, it should be possible
without another H-1B petition, but I would not do it.
Your suggestion that the foreign employer file an I-129 petition is solid.
Yes, anybody can be an employer in the USA. Do keep in mind that there is
more than just immigration law to take care of. You'll also need think
about such things as tax withholdings.
> Is the employee in violation if he fails to obtain authorization from
> BCIS to perform such work?
See above, there is no 100% clear-cut answer here.
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please visit my new FAQ at http://www.kkeane.com with a list of interesting
immigration links.
My email address in usenet posts is now invalid for spam protection.
Please feel free to enjoy some of my photographs at my new Web site
http://www.ingopakleppa.com ! Comments are welcome.
> Hi,
>
> If an H-1B wants to work part-time for a non-US company that does not
> have US offices and doesn't sell products to the US market, is a I-129
> petition required? Can it be filed by such a foreign company?
This is a grey area of the law at best. In theory, it should be possible
without another H-1B petition, but I would not do it.
Your suggestion that the foreign employer file an I-129 petition is solid.
Yes, anybody can be an employer in the USA. Do keep in mind that there is
more than just immigration law to take care of. You'll also need think
about such things as tax withholdings.
> Is the employee in violation if he fails to obtain authorization from
> BCIS to perform such work?
See above, there is no 100% clear-cut answer here.
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please visit my new FAQ at http://www.kkeane.com with a list of interesting
immigration links.
My email address in usenet posts is now invalid for spam protection.
Please feel free to enjoy some of my photographs at my new Web site
http://www.ingopakleppa.com ! Comments are welcome.
May 11th 2003, 6:10 pm
#3
Guest
Posts: n/a
Re: H1B telecommuting
> > If an H-1B wants to work part-time for a non-US company that does not
> > have US offices and doesn't sell products to the US market, is a I-129
> > petition required? Can it be filed by such a foreign company?
>
> This is a grey area of the law at best. In theory, it should be possible
> without another H-1B petition, but I would not do it.
>
> Your suggestion that the foreign employer file an I-129 petition is solid.
I just checked the forms... I-129 allows only US employers as
petitioners for H-1B classification. Also, an LCA can not be obtained
from Dept of Labor since they also require the employer to be US
based.
In the hypothetical scenario when such a petition is filed and
approved and the primary employer (the US-based one) terminates the
relationship, can the H1B worker continue to work solely for the
foreign employer? Sounds like a loophole?
> Yes, anybody can be an employer in the USA. Do keep in mind that there is
> more than just immigration law to take care of. You'll also need think
> about such things as tax withholdings.
>
> > Is the employee in violation if he fails to obtain authorization from
> > BCIS to perform such work?
>
> See above, there is no 100% clear-cut answer here.
> > have US offices and doesn't sell products to the US market, is a I-129
> > petition required? Can it be filed by such a foreign company?
>
> This is a grey area of the law at best. In theory, it should be possible
> without another H-1B petition, but I would not do it.
>
> Your suggestion that the foreign employer file an I-129 petition is solid.
I just checked the forms... I-129 allows only US employers as
petitioners for H-1B classification. Also, an LCA can not be obtained
from Dept of Labor since they also require the employer to be US
based.
In the hypothetical scenario when such a petition is filed and
approved and the primary employer (the US-based one) terminates the
relationship, can the H1B worker continue to work solely for the
foreign employer? Sounds like a loophole?
> Yes, anybody can be an employer in the USA. Do keep in mind that there is
> more than just immigration law to take care of. You'll also need think
> about such things as tax withholdings.
>
> > Is the employee in violation if he fails to obtain authorization from
> > BCIS to perform such work?
>
> See above, there is no 100% clear-cut answer here.
May 12th 2003, 4:24 am
#4
Guest
Posts: n/a
Re: H1B telecommuting
On Sun, 11 May 2003 11:10:32 -0700, Kondo Lee wrote:
>> > If an H-1B wants to work part-time for a non-US company that does not
>> > have US offices and doesn't sell products to the US market, is a I-129
>> > petition required? Can it be filed by such a foreign company?
>>
>> This is a grey area of the law at best. In theory, it should be possible
>> without another H-1B petition, but I would not do it.
>>
>> Your suggestion that the foreign employer file an I-129 petition is solid.
>
> I just checked the forms... I-129 allows only US employers as
> petitioners for H-1B classification. Also, an LCA can not be obtained
> from Dept of Labor since they also require the employer to be US
> based.
That's true, and not a contradiction to what I said (although it sure
sounds like one). Anybody who employes somebody within the US is a US
employer and has to comply with all the relevant US laws - for instance,
get an employer ID number, withhold taxes, etc. So the "foreign"
employer really isn't a foreign employer at all.
> In the hypothetical scenario when such a petition is filed and
> approved and the primary employer (the US-based one) terminates the
> relationship, can the H1B worker continue to work solely for the
> foreign employer? Sounds like a loophole?
No loophole. See above.
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please visit my new FAQ at http://www.kkeane.com with a list of interesting
immigration links.
My email address in usenet posts is now invalid for spam protection.
Please feel free to enjoy some of my photographs at my new Web site
http://www.ingopakleppa.com ! Comments are welcome.
>> > If an H-1B wants to work part-time for a non-US company that does not
>> > have US offices and doesn't sell products to the US market, is a I-129
>> > petition required? Can it be filed by such a foreign company?
>>
>> This is a grey area of the law at best. In theory, it should be possible
>> without another H-1B petition, but I would not do it.
>>
>> Your suggestion that the foreign employer file an I-129 petition is solid.
>
> I just checked the forms... I-129 allows only US employers as
> petitioners for H-1B classification. Also, an LCA can not be obtained
> from Dept of Labor since they also require the employer to be US
> based.
That's true, and not a contradiction to what I said (although it sure
sounds like one). Anybody who employes somebody within the US is a US
employer and has to comply with all the relevant US laws - for instance,
get an employer ID number, withhold taxes, etc. So the "foreign"
employer really isn't a foreign employer at all.
> In the hypothetical scenario when such a petition is filed and
> approved and the primary employer (the US-based one) terminates the
> relationship, can the H1B worker continue to work solely for the
> foreign employer? Sounds like a loophole?
No loophole. See above.
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please visit my new FAQ at http://www.kkeane.com with a list of interesting
immigration links.
My email address in usenet posts is now invalid for spam protection.
Please feel free to enjoy some of my photographs at my new Web site
http://www.ingopakleppa.com ! Comments are welcome.
