J-2 Visa Holder Working Abroad as Independent Contractor?
Apr 28th 2004, 7:40 pm
#1
Guest
Posts: n/a
J-2 Visa Holder Working Abroad as Independent Contractor?
Hello,
Here is a complicated one. We would like to hire a J-2 visa holder
for the summer as an independent contractor doing programming work for
us from China. She has work authorization in the US through September
-- but she and her Husband plan on going to China for the summer and
then returning in September briefly. The husband's J-1 will be in
status through September and therefore so will her J-2. So -- the
question -- is there any problem with paying her to her American bank
account as an independent contractor even though the work she does
will be in China?
Thanks for your thoughts...
Here is a complicated one. We would like to hire a J-2 visa holder
for the summer as an independent contractor doing programming work for
us from China. She has work authorization in the US through September
-- but she and her Husband plan on going to China for the summer and
then returning in September briefly. The husband's J-1 will be in
status through September and therefore so will her J-2. So -- the
question -- is there any problem with paying her to her American bank
account as an independent contractor even though the work she does
will be in China?
Thanks for your thoughts...
Apr 29th 2004, 7:32 am
#2
Guest
Posts: n/a
Re: J-2 Visa Holder Working Abroad as Independent Contractor?
If she is working in China, no problem - it does not matter if she has any
visa to the USA at all.
I would be concerned about them returning in September. It sounds like
they would not be returning to the J-1 position, but rather essentially as
tourists. The J-1 (and J-2) ends the day they leave the USA. Upon return,
they would get J-1/J-2 status again, if they qualify for it, and if they
have a J-1/J-2 visa. Pay attention: the visa that they used for the
original entry may have expired, or it may only be good for a single
entry.
On Wed, 28 Apr 2004 12:40:55 -0700, Marcos Athanasoulis wrote:
> Hello,
>
> Here is a complicated one. We would like to hire a J-2 visa holder for
> the summer as an independent contractor doing programming work for us
> from China. She has work authorization in the US through September --
> but she and her Husband plan on going to China for the summer and then
> returning in September briefly. The husband's J-1 will be in status
> through September and therefore so will her J-2. So -- the question --
> is there any problem with paying her to her American bank account as an
> independent contractor even though the work she does will be in China?
>
> Thanks for your thoughts...
--
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 support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
visa to the USA at all.
I would be concerned about them returning in September. It sounds like
they would not be returning to the J-1 position, but rather essentially as
tourists. The J-1 (and J-2) ends the day they leave the USA. Upon return,
they would get J-1/J-2 status again, if they qualify for it, and if they
have a J-1/J-2 visa. Pay attention: the visa that they used for the
original entry may have expired, or it may only be good for a single
entry.
On Wed, 28 Apr 2004 12:40:55 -0700, Marcos Athanasoulis wrote:
> Hello,
>
> Here is a complicated one. We would like to hire a J-2 visa holder for
> the summer as an independent contractor doing programming work for us
> from China. She has work authorization in the US through September --
> but she and her Husband plan on going to China for the summer and then
> returning in September briefly. The husband's J-1 will be in status
> through September and therefore so will her J-2. So -- the question --
> is there any problem with paying her to her American bank account as an
> independent contractor even though the work she does will be in China?
>
> Thanks for your thoughts...
--
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 support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
May 2nd 2004, 2:19 pm
#3
Guest
Posts: n/a
Re: J-2 Visa Holder Working Abroad as Independent Contractor?
Thanks. To clarify a little though -- the project is funded by a
government SBIR grant and so we actually want to pay her as an alien
with work permission. If we pay her as a foreign independent
contractor we have to jump through all sorts of hoops because then
there would be a "foreign component" to the grant which requires
approvals. If we are just paying an independent contractor with work
permission there is no problem.
We are not worried about the return because her work will be finished
at that point. Apparently she has re-certification signatures because
her husband will be doing practical training. But it is not important
to us (or them) if they are not re-admitted. Just that we can pay her
for the summer as an independent contractor on the J-2 visa (with work
permission) as opposed to as a foreign contractor.
Ingo Pakleppa - see web site for email <[email protected]> wrote in message news:<[email protected]>.. .
> If she is working in China, no problem - it does not matter if she has any
> visa to the USA at all.
>
> I would be concerned about them returning in September. It sounds like
> they would not be returning to the J-1 position, but rather essentially as
> tourists. The J-1 (and J-2) ends the day they leave the USA. Upon return,
> they would get J-1/J-2 status again, if they qualify for it, and if they
> have a J-1/J-2 visa. Pay attention: the visa that they used for the
> original entry may have expired, or it may only be good for a single
> entry.
>
> On Wed, 28 Apr 2004 12:40:55 -0700, Marcos Athanasoulis wrote:
>
> > Hello,
> >
> > Here is a complicated one. We would like to hire a J-2 visa holder for
> > the summer as an independent contractor doing programming work for us
> > from China. She has work authorization in the US through September --
> > but she and her Husband plan on going to China for the summer and then
> > returning in September briefly. The husband's J-1 will be in status
> > through September and therefore so will her J-2. So -- the question --
> > is there any problem with paying her to her American bank account as an
> > independent contractor even though the work she does will be in China?
> >
> > Thanks for your thoughts...
>
> --
> 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 support H.R. 539, H.R. 832 and S. 1510. More information at
> http://www.kkeane.com/lobbyspousal-faq.shtml
>
> Please visit my new FAQ at http://www.kkeane.com (always under construction)
>
> My email address in usenet posts is now invalid for spam protection. See
> my Web site for information on how to contact me.
>
> Please feel free to enjoy some of my photographs at my Web site
> http://www.ingopakleppa.com ! Comments are welcome.
government SBIR grant and so we actually want to pay her as an alien
with work permission. If we pay her as a foreign independent
contractor we have to jump through all sorts of hoops because then
there would be a "foreign component" to the grant which requires
approvals. If we are just paying an independent contractor with work
permission there is no problem.
We are not worried about the return because her work will be finished
at that point. Apparently she has re-certification signatures because
her husband will be doing practical training. But it is not important
to us (or them) if they are not re-admitted. Just that we can pay her
for the summer as an independent contractor on the J-2 visa (with work
permission) as opposed to as a foreign contractor.
Ingo Pakleppa - see web site for email <[email protected]> wrote in message news:<[email protected]>.. .
> If she is working in China, no problem - it does not matter if she has any
> visa to the USA at all.
>
> I would be concerned about them returning in September. It sounds like
> they would not be returning to the J-1 position, but rather essentially as
> tourists. The J-1 (and J-2) ends the day they leave the USA. Upon return,
> they would get J-1/J-2 status again, if they qualify for it, and if they
> have a J-1/J-2 visa. Pay attention: the visa that they used for the
> original entry may have expired, or it may only be good for a single
> entry.
>
> On Wed, 28 Apr 2004 12:40:55 -0700, Marcos Athanasoulis wrote:
>
> > Hello,
> >
> > Here is a complicated one. We would like to hire a J-2 visa holder for
> > the summer as an independent contractor doing programming work for us
> > from China. She has work authorization in the US through September --
> > but she and her Husband plan on going to China for the summer and then
> > returning in September briefly. The husband's J-1 will be in status
> > through September and therefore so will her J-2. So -- the question --
> > is there any problem with paying her to her American bank account as an
> > independent contractor even though the work she does will be in China?
> >
> > Thanks for your thoughts...
>
> --
> 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 support H.R. 539, H.R. 832 and S. 1510. More information at
> http://www.kkeane.com/lobbyspousal-faq.shtml
>
> Please visit my new FAQ at http://www.kkeane.com (always under construction)
>
> My email address in usenet posts is now invalid for spam protection. See
> my Web site for information on how to contact me.
>
> Please feel free to enjoy some of my photographs at my Web site
> http://www.ingopakleppa.com ! Comments are welcome.
May 2nd 2004, 10:02 pm
#4
Guest
Posts: n/a
Re: J-2 Visa Holder Working Abroad as Independent Contractor?
If you want her to be an alien with work permission, there really is no
way around having her physically in the USA (unless she has a Green Card).
A J-2, or any non-immigrant status, literally ends the day the alien
leaves the USA. That is true even if this is just a one-day trip. The
alien would get a new J-2 status upon his return. But while outside the
USA, a non-immigrant never holds any US status.
So you would have to jump through hoops to get her into the USA.
On Sun, 02 May 2004 07:19:39 -0700, Marcos Athanasoulis wrote:
> Thanks. To clarify a little though -- the project is funded by a
> government SBIR grant and so we actually want to pay her as an alien
> with work permission. If we pay her as a foreign independent
> contractor we have to jump through all sorts of hoops because then
> there would be a "foreign component" to the grant which requires
> approvals. If we are just paying an independent contractor with work
> permission there is no problem.
>
> We are not worried about the return because her work will be finished
> at that point. Apparently she has re-certification signatures because
> her husband will be doing practical training. But it is not important
> to us (or them) if they are not re-admitted. Just that we can pay her
> for the summer as an independent contractor on the J-2 visa (with work
> permission) as opposed to as a foreign contractor.
>
>
> Ingo Pakleppa - see web site for email <[email protected]> wrote in message news:<[email protected]>.. .
>> If she is working in China, no problem - it does not matter if she has any
>> visa to the USA at all.
>>
>> I would be concerned about them returning in September. It sounds like
>> they would not be returning to the J-1 position, but rather essentially as
>> tourists. The J-1 (and J-2) ends the day they leave the USA. Upon return,
>> they would get J-1/J-2 status again, if they qualify for it, and if they
>> have a J-1/J-2 visa. Pay attention: the visa that they used for the
>> original entry may have expired, or it may only be good for a single
>> entry.
>>
>> On Wed, 28 Apr 2004 12:40:55 -0700, Marcos Athanasoulis wrote:
>>
>> > Hello,
>> >
>> > Here is a complicated one. We would like to hire a J-2 visa holder for
>> > the summer as an independent contractor doing programming work for us
>> > from China. She has work authorization in the US through September --
>> > but she and her Husband plan on going to China for the summer and then
>> > returning in September briefly. The husband's J-1 will be in status
>> > through September and therefore so will her J-2. So -- the question --
>> > is there any problem with paying her to her American bank account as an
>> > independent contractor even though the work she does will be in China?
>> >
>> > Thanks for your thoughts...
>>
>> --
>> 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 support H.R. 539, H.R. 832 and S. 1510. More information at
>> http://www.kkeane.com/lobbyspousal-faq.shtml
>>
>> Please visit my new FAQ at http://www.kkeane.com (always under construction)
>>
>> My email address in usenet posts is now invalid for spam protection. See
>> my Web site for information on how to contact me.
>>
>> Please feel free to enjoy some of my photographs at my Web site
>> http://www.ingopakleppa.com ! Comments are welcome.
--
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 support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
way around having her physically in the USA (unless she has a Green Card).
A J-2, or any non-immigrant status, literally ends the day the alien
leaves the USA. That is true even if this is just a one-day trip. The
alien would get a new J-2 status upon his return. But while outside the
USA, a non-immigrant never holds any US status.
So you would have to jump through hoops to get her into the USA.
On Sun, 02 May 2004 07:19:39 -0700, Marcos Athanasoulis wrote:
> Thanks. To clarify a little though -- the project is funded by a
> government SBIR grant and so we actually want to pay her as an alien
> with work permission. If we pay her as a foreign independent
> contractor we have to jump through all sorts of hoops because then
> there would be a "foreign component" to the grant which requires
> approvals. If we are just paying an independent contractor with work
> permission there is no problem.
>
> We are not worried about the return because her work will be finished
> at that point. Apparently she has re-certification signatures because
> her husband will be doing practical training. But it is not important
> to us (or them) if they are not re-admitted. Just that we can pay her
> for the summer as an independent contractor on the J-2 visa (with work
> permission) as opposed to as a foreign contractor.
>
>
> Ingo Pakleppa - see web site for email <[email protected]> wrote in message news:<[email protected]>.. .
>> If she is working in China, no problem - it does not matter if she has any
>> visa to the USA at all.
>>
>> I would be concerned about them returning in September. It sounds like
>> they would not be returning to the J-1 position, but rather essentially as
>> tourists. The J-1 (and J-2) ends the day they leave the USA. Upon return,
>> they would get J-1/J-2 status again, if they qualify for it, and if they
>> have a J-1/J-2 visa. Pay attention: the visa that they used for the
>> original entry may have expired, or it may only be good for a single
>> entry.
>>
>> On Wed, 28 Apr 2004 12:40:55 -0700, Marcos Athanasoulis wrote:
>>
>> > Hello,
>> >
>> > Here is a complicated one. We would like to hire a J-2 visa holder for
>> > the summer as an independent contractor doing programming work for us
>> > from China. She has work authorization in the US through September --
>> > but she and her Husband plan on going to China for the summer and then
>> > returning in September briefly. The husband's J-1 will be in status
>> > through September and therefore so will her J-2. So -- the question --
>> > is there any problem with paying her to her American bank account as an
>> > independent contractor even though the work she does will be in China?
>> >
>> > Thanks for your thoughts...
>>
>> --
>> 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 support H.R. 539, H.R. 832 and S. 1510. More information at
>> http://www.kkeane.com/lobbyspousal-faq.shtml
>>
>> Please visit my new FAQ at http://www.kkeane.com (always under construction)
>>
>> My email address in usenet posts is now invalid for spam protection. See
>> my Web site for information on how to contact me.
>>
>> Please feel free to enjoy some of my photographs at my Web site
>> http://www.ingopakleppa.com ! Comments are welcome.
--
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 support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
