Serene1

Hi everyone, I need some fast advice, I am in the process of h1b (for hubby) and h4 visa fr me and kids, applications. Does anyone know if having my own business in the uk will have any detrimental effect on our visas applications fr my husbands job? We have our embassy interview on monday and am having a panic attack! Can't find any thing on this? I know it's a strangecthing to do but I can do alot via net and staff so in effect I will b working but fr my business in the uk and not in the USA. So I have always presumed that it will be ok?
Any info will b much appreciated!

Serene

md95065

Having a business in the UK Is not a problem in itself, but with the H4 you are not authorized to work while in the US so you had better figure out how your UK business can run itself at the times when you are in the US.

By the way, is there any reason why you think that this would come up at your husband's H-1B visa interview?

Serene1

Hi thanks fr the reply. I will be at the interview too, we have both been asked to attend, so was thinking about my business situation and if it would cause me any problems. I have my parents that will be running my biz day to day but I will still oversee things from us via net etc, does this count as working in the US? From what I have managed to find on the topic as I am not taking a job away from a US citizen, I should b ok? But theres many differing opinions?
.... ??? Thanks.

sir_eccles

Your tax return is going to be interesting.

Noorah101

"Oversee" is too general. What, specifically, will you be doing?

Rene

ian-mstm

Umm... probably not.

Ian

Steve_

It's where you physically are when the work is performed that is the relevant point. You cannot work in the US on H-4 and "work" is very broadly defined, it means pretty much anything that would be ordinarily paid work, for example there were some Canadians who were denied entry to go and help clean up after Hurricane Katrina back in 2005.

In essence doing the job over the internet from a computer in the US is no different than standing in an office in the US and giving instructions over the phone - in both cases you would be working in the US.

This is one instance imv where the law has not caught up with technology, because it's possible now to work from a departure or transit lounge. However the example I've heard quoted is if you're a travel writer in the US then technically you're not supposed to write up what you've done until you've left the US because you would be employed in the US otherwise, and that's been the case for many years. E.g. as an ordinary B visitor:

A travel writer would appear to not be allowed to write anything.

Also on H-4 you cannot get a social security number, which you need to be employed in the US, fill in tax returns and so on, although you can get an ITIN by filing a W-7 with the IRS, which serves the same purpose as far as tax returns go (but not employment).

I hear quite often a fairy story that there is some case law that essentially says if you are in the US and engaged in work that has no economic impact on the US then that is okay (under immigration law at least, not tax law), the theory being that it is de minimus non curat lex - i.e. the law doesn't care. However I've never been able to pin down what case law exactly this view is based on and absolutely 100% for certain CBP have never heard of it. They're very suspicious of people who say they work in web development or any job that can be done over the internet imx, precisely because it can be done from the US without being detected.

I've lost count of the number of times I've been grilled in secondary inspection over it. Nowadays I carry a portfolio with me containing bank statements, tax assessments and so on to demonstrate clearly I have non-immigrant intent and have no intention to work in the US.

N1cky

Although it's called an interview, in reality it's normally a couple of questions asked to the visa applicant along the lines of who will you be working for? what work will be doing? You have to attend the interview to have your fingerprints taken, you'll probably not be asked a single question.

Serene1

Thanks, that's nice to hear. I hope it goes that easily! Will b a big relief when it's done so can start the easy bit.... The move! 

N1cky

Just because they wont ask you about your working situation at the interview doesn't mean you don't have to sort it out though.