S Folinsky

Being more than 75 miles from the border, I'm not all that familiar with the F-3 category. I just looked at the regulations on it in my handy dandy West's "Federal Immigration Laws And Regulations" which I subscribe to. It is a hard copy "pamphlet" issued every spring. [I put "pamphlet" in quotes due to its size. Too bad the analogy to a "Manhattan Phone Book" is now obsolete. ]

The regulations can be found at 8 CFR 214.2(f)(18). It seems that F-3 is treated as an F-1 for part-time attendance in a full course of study. The admission is not in "D/S" but for a time-certain. They are still allowed "OPT" employment.

As an aside -- in 1993, I was the author of one chapter on the "AILA Consular Handbook." We had the cooperation of the Department of State and I interviewed a Deputy Consul General in Seoul. We had a set questionnaire, but the last question was open ended about what problems the consulate had noted. The DGC opined "There is no such thing as an F-3 visa." She was referring to mothers who wanted to take care of their sons attending university in the United States. It seems that Koreans did not like that.

Steve_

I think this is a good summary of immigration law for anyone in a non-work authorized category: Article.

Steve_

Because (a) the argument would still be that the self-employment would introduce competition from foreign workers and (b) it would encourage more people to come to the US if their spouses could work.

You see in Canada the idea that people might want to come to Canada on a work permit if they're skilled and then stay because their spouse gets a job is seen as beneficial, but that's far too rational for a Congress that seems to be driven primarily by paranoia.

A truly excellent example of which: http://issuu.com/peninsuladailynews/docs/borderpatrol

crg

Perhaps preventing the H4 spouse from working is another way to ensure that H1 employers are paying the prevailing wages. It would be easier to get an H1 to work for peanuts if their spouse could work without restrictions.

It's nice they finally got the F-3 commuter students sorted out.

S Folinsky

Not bad. And it does not answer the question posed by OP. That article is aimed primarily for "employers" in the US.

In regards to OP's question -- I would pose the question along the lines of "what remunerative activities can H-4 non-immigrant lawfully engage in?"

Steve_

It is aimed at employers but the last few paragraphs give an idea of what you're facing on H-4. And technically you are an employer if self-employed.

My response to this question is usually that you can't be forced to be a witness against yourself, at the end of the day.

carolinanc

Hi,
I'm new to this and have a question. We are arriving on Monday in NC - my husband is on an H1B visa, I'm on an H4. We intend to stay around 5 years.

I'm a self employed food writer, and want to continue to write from home. My work will be emailed to the UK, published in the UK, paid in the UK, paid tax on in the UK and the profits kept in the Uk - can I do this?

cyrus1341

No!!!! It is still working in US and you are not allowed to do that on H4.

I am on H1B myself and my wife is on H4.

QUOTE=carolinanc;10145560]Hi,
I'm new to this and have a question. We are arriving on Monday in NC - my husband is on an H1B visa, I'm on an H4. We intend to stay around 5 years.

I'm a self employed food writer, and want to continue to write from home. My work will be emailed to the UK, published in the UK, paid in the UK, paid tax on in the UK and the profits kept in the Uk - can I do this?[/QUOTE]

Brat1

You cannot work at all on an H4, whether you're being paid in the UK or any other country for that matter, you are still working in the US which is prohibited. Whilst you're here, you will not be able to work full stop. You may only do volunteer work, for an organisation where the work is truly volunteering, and that no other person would ever be paid for what you're doing.

Sorry, but that't the way it is. This is my 3rd year on an H4, and it does start to get to you after a while, but not much we can do about it I'm afraid

S Folinsky

Your questions are good ones. And they fall under a grey area of the immigration laws which immigration lawyers have been debating endlessly since the 1986 amendments ["IRCA"] ensconced the "unauthorized employment" provisions into the organic statute.

In other words, I would not be so quick to give a "yes" or a "no" answer to your questions. A possible approach to the issue might be along the lines of "what will happen if I engage in this course of conduct?"

Do take note that the tax issues can be more complicated than you appear to know. Although you will be considered "non-resident" for immigration purposes, you will be considered resident for tax purposes. In other words, the income will be subject to US income tax.

Legal consultation might be in order.

ian-mstm

I think your real question is "Will I get away with it?" Yes, you probably will... but that's really not the same thing as being allowed to work in the US without authorization.

Ian

Jerseygirl

The OP will have to file a US tax return...which means she will have to reveal and pay tax on the UK earnings.

Bob

Old thread to pull up, but if you hadn't read any of it...no, you can't.