Willspence1

Hi all,

First time poster - I've tried using the search function for my query but I can't seem to find the answer, but I do apologise if this has already been posted.

My wife has been offered a fellowship in Pasadena which qualifies her for a J1 visa and NIE. It is a short exchange of 4 months. I am hoping to join as her J2 dependant.

We have enough savings to cover us for the whole period, and I will not be looking for work whilst I am out there. However, I will potentially be using an extended period of annual leave from my job in the UK whilst still maintaining my employment there (but not doing any work for them or my job whilst out there). I plan to return to the UK for a period to continue working before rejoining my wife at the end and using more annual leave. My questions are:

1.) Does me using annual leave to accompany my wife (maintaining my UK contract and the salary payments that come with that) count as "working" in the US, even though I will not be performing my job whilst out there?

2.) am I right in thinking I can return to my job in the UK midway through my J2 visa period to work, and then come back out to the US using my annual leave?

Thanks in advance for any help!

​​

tht

People who come on vacation and business trips don’t terminate their employment before coming here so you should be OK if you are not working. That is a lot more leave than many US based people get so maybe bring a pay slip showing all the untaken leave you have accrued and/or a letter from HR confirming the dates you will be on leave that confirms you are not working the dates you are in the US.

Noorah101

1. No
2. Yes

Rene

civilservant

Have you considered that any income payment received while in the US, even annual leave payments, may possibly be subject to US taxation?

Willspence1

I guess that's what I was wondering but I'm not too sure what the answer is.

With regards to my second question, is there any period of time to which I, as a J2 visa holder, can stay out of the US before returning? I may need to come back to the UK fairly soon after arriving for a work commitment that may last around a month, but then would look to return immediately back to the US to accompany my wife whilst she remains there. Would an extended period out of the US impact on my J2?
​

tht

The IRS is a better place to look for those details:
https://www.irs.gov/individuals/inte...ien-tax-status

I think there are also special rules around J1 visas:
https://www.irs.gov/individuals/taxa...ion-status-j-1

scrubbedexpat099

J2 needs an EAD so work will not be possible.