David R. Panhamer

Am I allowed to take a part time job in addition to a full time job while on
H1B?

Vestalka

Yes, but you will need to apply for a separate H1B for this part time job. Otherwise, you will be working illegally.

David R. Panhamer

Thanks for the quick reply.
This leads to two other questions:

1. My GC application (I believe it is I-140) was submitted last week after
two years of
waiting for the RIR. Does that change anything?

2. The part time job is actually over the internet. I can arrange for the
employer to pay me
in my home country. Is that legal? I will pay taxes in my home country for
this income.

Thanks again,
D.

"Vestalka" wrote in message
news:[email protected]...
    > Yes, but you will need to apply for a separate H1B for this part time
    > job. Otherwise, you will be working illegally.
    > --
    > Posted via http://britishexpats.com

Jozef

"David R. Panhamer" wrote in message
news:[email protected]...
    > Thanks for the quick reply.
    > This leads to two other questions:
    > 1. My GC application (I believe it is I-140) was submitted last week after
    > two years of
    > waiting for the RIR. Does that change anything?
Was your I-140 filed together with an I-485 Adjustment of Status
application? Then it sure does.
In that case you can apply for an Employment Authorization Document by means
of an I-765. It may take a while to process, but some local BCIS offices
allow you to obtain an interim-EAD after 90 days.
With this EAD you can take on any job in addition to your present job.

    > 2. The part time job is actually over the internet. I can arrange for the
    > employer to pay me
    > in my home country. Is that legal?

If your employer is not in the US and you work over the Internet, you do not
even need work authorization (EAD). If your employer is in the US, you would
still need an EAD, even if he pays you in your home country.

    > I will pay taxes in my home country for
    > this income.

If you have an H-1B you are a resident of the US for tax purposes and you
are expected to pay taxes on your worldwide income in the US.

    > Thanks again,
    > D.
    > "Vestalka" wrote in message
    > news:[email protected]...
    > >
    > > Yes, but you will need to apply for a separate H1B for this part time
    > > job. Otherwise, you will be working illegally.
    > >
    > >
    > > --
    > > Posted via http://britishexpats.com

Ingo Pakleppa - See Web Site For Email

On Wed, 30 Jul 2003 23:00:19 +0000, Jozef wrote:


    > "David R. Panhamer" wrote in message
    > news:[email protected]...
    >> Thanks for the quick reply.
    >> This leads to two other questions:
    >> 1. My GC application (I believe it is I-140) was submitted last week
    >> after two years of
    >> waiting for the RIR. Does that change anything?
    > Was your I-140 filed together with an I-485 Adjustment of Status
    > application? Then it sure does.
    > In that case you can apply for an Employment Authorization Document by
    > means of an I-765. It may take a while to process, but some local BCIS
    > offices allow you to obtain an interim-EAD after 90 days. With this EAD
    > you can take on any job in addition to your present job.

Excellent advice. A few more things to note:

- it seems to be BCIS' policy to not approve EADs until the I-140 is
approved.

- if you do this, your H-1B would automatically end. This is not a problem
because the I-485 in itself gives you a valid status. But you need to know
that you have to show the EAD to your main employer, too, to correct the
paperwork. Also, you will need to be aware that if you leave the US, you
need Advance Parole to return - you cannot return using your H-1B visa in
this scenario (unless you plan on giving up the second job).

    >> 2. The part time job is actually over the internet. I can arrange for
    >> the employer to pay me in my home country. Is that legal?
    >
    > If your employer is not in the US and you work over the Internet, you do
    > not even need work authorization (EAD). If your employer is in the US,
    > you would still need an EAD, even if he pays you in your home country.

This is actually a bit of a grey area. Your suggestion agrees with what I
usually say, but since he is eligible for an EAD, he might as well make it
plainly legal.

Also, remember that the employer may still have to comply with US labor
laws and things like that. Such international employments can get
surprisingly complicated very quickly.

    >> I will pay taxes in my home country for this income.
    > If you have an H-1B you are a resident of the US for tax purposes and
    > you are expected to pay taxes on your worldwide income in the US.

Incidentally, even a tourist technically has to pay US taxes on the
worldwide income that he receives while he is in the USA. In practical
terms, this is probably unenforceable, though.

    >> Thanks again,
    >> D.
    >> "Vestalka" wrote in message
    >> news:[email protected]...
    >> >
    >> > Yes, but you will need to apply for a separate H1B for this part time
    >> > job. Otherwise, you will be working illegally.
    >> >
    >> >
    >> > --
    >> > Posted via http://britishexpats.com

--
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 and H.R. 832. 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.

Now with new photos! Please feel free to enjoy some of my photographs at my
new Web site http://www.ingopakleppa.com ! Comments are welcome.

Jozef

"Ingo Pakleppa - see web site for email" wrote in message
news[email protected]...
    > On Wed, 30 Jul 2003 23:00:19 +0000, Jozef wrote:
    > > "David R. Panhamer" wrote in message
    > > news:[email protected]...
    > >> Thanks for the quick reply.
    > >> This leads to two other questions:
    > >>
    > >> 1. My GC application (I believe it is I-140) was submitted last week
    > >> after two years of
    > >> waiting for the RIR. Does that change anything?
    > >>
    > > Was your I-140 filed together with an I-485 Adjustment of Status
    > > application? Then it sure does.
    > > In that case you can apply for an Employment Authorization Document by
    > > means of an I-765. It may take a while to process, but some local BCIS
    > > offices allow you to obtain an interim-EAD after 90 days. With this EAD
    > > you can take on any job in addition to your present job.
    > Excellent advice. A few more things to note:
    > - it seems to be BCIS' policy to not approve EADs until the I-140 is
    > approved.

Yes - at the very least, they perform a 'cursory' review of the underlying
I-140.

    > - if you do this, your H-1B would automatically end.

It does? When exactly? When the I-765 is approved? Or the I-140?
I was under the impression that maintaining H-1B status for the duration of
the AOS process was not only possible but also a good idea...
Ok - maybe not!

    > This is not a problem
    > because the I-485 in itself gives you a valid status. But you need to know
    > that you have to show the EAD to your main employer, too, to correct the
    > paperwork. Also, you will need to be aware that if you leave the US, you
    > need Advance Parole to return - you cannot return using your H-1B visa in
    > this scenario (unless you plan on giving up the second job).
    > >> 2. The part time job is actually over the internet. I can arrange for
    > >> the employer to pay me in my home country. Is that legal?
    > >
    > > If your employer is not in the US and you work over the Internet, you do
    > > not even need work authorization (EAD). If your employer is in the US,
    > > you would still need an EAD, even if he pays you in your home country.
    > This is actually a bit of a grey area. Your suggestion agrees with what I
    > usually say, but since he is eligible for an EAD, he might as well make it
    > plainly legal.
    > Also, remember that the employer may still have to comply with US labor
    > laws and things like that. Such international employments can get
    > surprisingly complicated very quickly.
    > >> I will pay taxes in my home country for this income.
    > >>
    > >>
    > > If you have an H-1B you are a resident of the US for tax purposes and
    > > you are expected to pay taxes on your worldwide income in the US.
    > Incidentally, even a tourist technically has to pay US taxes on the
    > worldwide income that he receives while he is in the USA. In practical
    > terms, this is probably unenforceable, though.
    > >> Thanks again,
    > >> D.
    > >>
    > >> "Vestalka" wrote in message
    > >> news:[email protected]...
    > >> >
    > >> > Yes, but you will need to apply for a separate H1B for this part time
    > >> > job. Otherwise, you will be working illegally.
    > >> >
    > >> >
    > >> > --
    > >> > Posted via http://britishexpats.com
    > >>
    > >>
    > --
    > 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 and H.R. 832. 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.
    > Now with new photos! Please feel free to enjoy some of my photographs at
my
    > new Web site http://www.ingopakleppa.com ! Comments are welcome.

Ingo Pakleppa - See Web Site For Email

On Thu, 31 Jul 2003 02:19:27 +0000, Jozef wrote:

    >> - if you do this, your H-1B would automatically end.
    >
    > It does? When exactly? When the I-765 is approved? Or the I-140?

Neither. When he starts using the EAD to work for somebody other than his
H-1B petitioner. The reason is that the H-1B status requires that he works
only for the petitioner, so starting a second job would be a violation of
this status. As I said in the original post, this is generally not a
problem because concurrently he still has the I-485 pending status that
allows him to remain in the USA.

    > I was under the impression that maintaining H-1B status for the duration
    > of the AOS process was not only possible but also a good idea... Ok -
    > maybe not!

Generally you are right, maintaining H-1B status for the duration of the
AOS does have some advantages. Mostly, it is more convenient: you don't
need to annually renew an EAD (although you may need to annually renew
your seventh-year H-1B instead...), and you also don't need to get Advance
Parole as long as your visa is in order.

However, none of the advantages are critical, so it is perfectly OK to opt
to give up the H-1B and use an EAD instead, as long as you are aware of
what you are doing.

    >> This is not a problem
    >> because the I-485 in itself gives you a valid status. But you need to
    >> know that you have to show the EAD to your main employer, too, to
    >> correct the paperwork. Also, you will need to be aware that if you
    >> leave the US, you need Advance Parole to return - you cannot return
    >> using your H-1B visa in this scenario (unless you plan on giving up the
    >> second job).

--
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 and H.R. 832. 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.

Now with new photos! Please feel free to enjoy some of my photographs at my
new Web site http://www.ingopakleppa.com ! Comments are welcome.

David R. Panhamer

Thank you so much, Jozef and Ingo.
I will need the EAD beacuse I want my wife to work.
(Or to be accurate, she wants to get a job-.

I will need the advance parole because I plan to go out of the country at
least twice
a year. More if you count driving to Toronto, which I do once every 6-8
weeks.


"Ingo Pakleppa - see web site for email" wrote in message
news[email protected]...
    > On Thu, 31 Jul 2003 02:19:27 +0000, Jozef wrote:
    > >> - if you do this, your H-1B would automatically end.
    > >
    > > It does? When exactly? When the I-765 is approved? Or the I-140?
    > Neither. When he starts using the EAD to work for somebody other than his
    > H-1B petitioner. The reason is that the H-1B status requires that he works
    > only for the petitioner, so starting a second job would be a violation of
    > this status. As I said in the original post, this is generally not a
    > problem because concurrently he still has the I-485 pending status that
    > allows him to remain in the USA.
    > > I was under the impression that maintaining H-1B status for the duration
    > > of the AOS process was not only possible but also a good idea... Ok -
    > > maybe not!
    > Generally you are right, maintaining H-1B status for the duration of the
    > AOS does have some advantages. Mostly, it is more convenient: you don't
    > need to annually renew an EAD (although you may need to annually renew
    > your seventh-year H-1B instead...), and you also don't need to get Advance
    > Parole as long as your visa is in order.
    > However, none of the advantages are critical, so it is perfectly OK to opt
    > to give up the H-1B and use an EAD instead, as long as you are aware of
    > what you are doing.
    > >> This is not a problem
    > >> because the I-485 in itself gives you a valid status. But you need to
    > >> know that you have to show the EAD to your main employer, too, to
    > >> correct the paperwork. Also, you will need to be aware that if you
    > >> leave the US, you need Advance Parole to return - you cannot return
    > >> using your H-1B visa in this scenario (unless you plan on giving up the
    > >> second job).
    > --
    > 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 and H.R. 832. 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.
    > Now with new photos! Please feel free to enjoy some of my photographs at
my
    > new Web site http://www.ingopakleppa.com ! Comments are welcome.

Ingo Pakleppa - See Web Site For Email

On Thu, 31 Jul 2003 12:17:34 -0400, David R. Panhamer wrote:

    > Thank you so much, Jozef and Ingo.
    > I will need the EAD beacuse I want my wife to work.
    > (Or to be accurate, she wants to get a job-.

If your wife wants a job, SHE needs an EAD. You don't need one.

    > I will need the advance parole because I plan to go out of the country at
    > least twice
    > a year. More if you count driving to Toronto, which I do once every 6-8
    > weeks.

Travel to Toronto indeed requires you to have Advance Parole. Be sure to
actually have the Advance Parole document in hand before you even start on
your next trip there.

Of course, as long as you have a valid H-1B status (and your wife isn't
working and has a valid H-4), you could also use that and an H-1B visa
instead.

--
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 and H.R. 832. 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.

Now with new photos! Please feel free to enjoy some of my photographs at my
new Web site http://www.ingopakleppa.com ! Comments are welcome.

Jozef

"Ingo Pakleppa - see web site for email" wrote in message
news[email protected]...
    > On Thu, 31 Jul 2003 02:19:27 +0000, Jozef wrote:
    > >> - if you do this, your H-1B would automatically end.
    > >
    > > It does? When exactly? When the I-765 is approved? Or the I-140?
    > Neither. When he starts using the EAD to work for somebody other than his
    > H-1B petitioner. The reason is that the H-1B status requires that he works
    > only for the petitioner, so starting a second job would be a violation of
    > this status.

Interesting - thanks!

    > As I said in the original post, this is generally not a
    > problem because concurrently he still has the I-485 pending status that
    > allows him to remain in the USA.
    > > I was under the impression that maintaining H-1B status for the duration
    > > of the AOS process was not only possible but also a good idea... Ok -
    > > maybe not!
    > Generally you are right, maintaining H-1B status for the duration of the
    > AOS does have some advantages. Mostly, it is more convenient: you don't
    > need to annually renew an EAD (although you may need to annually renew
    > your seventh-year H-1B instead...), and you also don't need to get Advance
    > Parole as long as your visa is in order.
    > However, none of the advantages are critical, so it is perfectly OK to opt
    > to give up the H-1B and use an EAD instead, as long as you are aware of
    > what you are doing.
    > >> This is not a problem
    > >> because the I-485 in itself gives you a valid status. But you need to
    > >> know that you have to show the EAD to your main employer, too, to
    > >> correct the paperwork. Also, you will need to be aware that if you
    > >> leave the US, you need Advance Parole to return - you cannot return
    > >> using your H-1B visa in this scenario (unless you plan on giving up the
    > >> second job).
    > --
    > 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 and H.R. 832. 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.
    > Now with new photos! Please feel free to enjoy some of my photographs at
my
    > new Web site http://www.ingopakleppa.com ! Comments are welcome.