nayykcaj

Hi everyone,

Just wondering if anyone might have experience or advise for the following issues:

I hold a British passport and my British residence ties are property and employment in the UK.
- British resident (since August 2021)

I used to work in the US, due to the extensive wait on US visas and EAD I had to
- End US Employment in August 2021

I now received my H4 visa but is still waiting on my H4 EAD (US work permit) but I am trying to find a legal way to continue work with my previous employer while I wait for my EAD! perhaps as an independent contractor? or as a registered company?

The work I would have to do:

• Most of the work could be done in the UK
• I need to be in the US for approximately 3 - 6 months time for some in person work, it doesn't have to be continuous.

Any suggestions are grateful!

SanDiegogirl

An H4 is dependent on an H-1b holder. Do you have one?

Olly_

If you're British I'm a bit surprised you're eligible for a H-4 EAD at all? EB-1, 2 and 3 are all current at the moment.

nayykcaj

Thank you for your replies.

I am not quite sure why the validity of the H4/ H1B visa or H4 EAD comes into question. It was approved by USCIS and I didn't question their decision in giving me one.

I already received my H4 visa both in the US and UK. I am still waiting on my H4 EAD (US work permit) but I am trying to find a legal way to continue work with my previous employer while I wait for my EAD! perhaps as an independent contractor? or as a registered company?

The question was regarding working in the interim period while I am waiting for the ever so long non-sense EAD processing time. In the mean time, my previous employer is also trying to work out a legal way so I could continue to provide my services. The work I would have to do:

• Most of the work could be done in the UK
• I need to be in the US for approximately 3 - 6 months time for some in person work, it doesn't have to be continuous.

The options I considered are working as an independent contractor; setting up a company in the UK and set up a contract with the US firm I am working with. In any situation, I could be paid by a UK company. The trouble I have is the work required in person within US. I am not sure if I could simply get a Business visa and get away without an O visa.

SanDiegogirl

I asked the question because, as I understand it, an H4 visa, is provided to the dependent member of, say, an H-1B visa holder. A dependent family member is a spouse or unmarried child under the age of 21.

A noncitizen with H-4 immigration status normally is not permitted to engage in employment in the United States but there is one important exception to this rule:

An H-4 dependent spouse of an H-1B non-immigrant can file Form I-765, Application for Employment Authorization to obtain an employment authorization document (EAD), if the H-1B non-immigrant:

• Is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker;

So, without being the dependent of an H-1B holder, who has approval of an I-140 application, an H4 holder will not get an EAD (there is the validity)
.... and yet you say you did not have an EAD , but you had a US employer.
I don't see how you can get an H4 EAD if you are resident in the UK and you don't have the H-1B connection.
You can certainly set up as an independent contractor in the meantime while you sort out a work visa

Nutmegger

Being an independent contractor doesn’t permit you to work without an EAD. If you are physically in the US, you can’t work without a relevant visa or EAD if you are a dependent.

nayykcaj

Thank you for your replies.

The H4 visa was approved by USCIS and I didn't question their decision in giving me one. And same goes with the H4 EAD, USCIS took the case and is currently processing it and I didn't question their reason for accepting my case. The H4 visa and EAD in progress is the background of the story. I fail to see the necessity in going into the details of the whole complex process of the H1B, H4 visa and EAD.

My question is regarding finding another faster legal way to continue some of my work in the US, perhaps working as an independent contractor in the US maybe employed by a UK company. I would work as an independent contractor perhaps just as an independent contractor but maybe as a sole trader depending on how one is required to proceed legally. The work would mainly be remote however some in person work (e.g. setting up projects, testing equipment, ) might be required.

Question 1) Are there any faster legal ways for me to legally perform the work required in person in the US while I am waiting for my H4 EAD?

Question 2) Would a Business visa allow me to tend to the in person work required in the US?

Are there anyone who's employed as an international contractor directly or indirectly by a US firm with their residence base in UK or any other country? I personally have encounter some of these people in the UK however, in most cases, they were remote worker and in person work weren't required.

Nutmegger

People are querying your visa as an H4 is a derivative visa that does not permit the visa holder to work. We feel there is a piece of the story missing somewhere.

civilservant

In a word.... no. That's the whole point of the EAD, to allow you to perform work while physically present in the US.

christmasoompa

I think the point is that the only way you can be eligible for an EAD is if you have a 'green card' app well underway - and depending on the category and when you applied, that may be relevant. So people are querying it to get the full picture and be able to advise you better, it's impossible for them to talk about your options without knowing exactly what you've applied for and how.

Owen778

So, I'm sure the visa background is important. However, I'm going to answer your actual question.

Working in the US beyond holding a few meetings or sales visits or similar requires some form of employment authorization, though where the exact limit lies is a question for a knowledgeable immigration lawyer. You can't work in the US until you have authorization. The things you mention are just details about how you might agree a contract and/or be taxed, and not relevant to immigration rules.

As far as I can see, your best option is for someone else from your company or a local contractor to perform the in-person work in the US until you are able to work in the there.

SanDiegogirl

Nothing to stop you setting up a business so you can work for the US company in the UK and then bill them.
A business visa allows you to visit the US for say, meetings, conferences etc, but not doing actual work which results in income.

GeneralPowerpoint

If they're currently processing it they haven't accepted your case. They've just received your application.

People are asking the background of your H4 because it might be the case you've applied for an EAD mistakenly and you don't qualify for one.

tom169

You seem awfully defensive for someone asking for free help on a forum