Working for Non-US Company on H4 Visa?
Hi,
I know that H4 Visa holders must not work for a US employer while in the States and must be supported by the principal H1b Visa holder. What about if the H4 holder is employed by a non-US company, paid in a foreign currency into non-US bank account to do some work that happens to be undertaken within the USA for a US customer, is that still not permitted? Thanks! |
Re: Working for Non-US Company on H4 Visa?
The provision of service for remuneration to anyone, even a non-U.S.
company, even if the remuneration is not paid in the U.S., is employment, which is a violation of an H-4's status. You may want to consider changing your status to B-1. The work you described might be permissible in that category. Michael E. Piston Attorney at Law Michael E. Piston P.C. 4000 Livernois Ste 110 Troy, MI 48098 248/680-0600 Direct fax: 248/928-0340 Secondary fax: 248/680-0627 The statements in this message have not been confirmed by legal research, and are not intended as legal advice nor to create an attorney-client relationship.SEND ANY FOLLOW-UP QUESTIONS DIRECTLY TO [email protected]. DO NOT POST FOLLOW-UPS TO THE NEWSGROUP. powburn <member3090@british_expats.com> wrote in message news:<[email protected]>... > Hi, > > I know that H4 Visa holders must not work for a US employer while > in the States and must be supported by the principal H1b Visa holder. > > > What about if the H4 holder is employed by a non-US company, paid in > a foreign currency into non-US bank account to do some work that happens > to be undertaken within the USA for a US customer, is that still not > permitted? > > Thanks! |
Re: Working for Non-US Company on H4 Visa?
On Thu, 08 Apr 2004 05:40:09 +0000, powburn wrote:
> Hi, > > I know that H4 Visa holders must not work for a US employer while in the > States and must be supported by the principal H1b Visa holder. > > What about if the H4 holder is employed by a non-US company, paid in a > foreign currency into non-US bank account to do some work that happens > to be undertaken within the USA for a US customer, is that still not > permitted? Not allowed. The only thing that might *arguably* be allowed (it's a grey area of the law) is if the H-4 holder was working for a foreign employer, and all work products ended up on foreign market. Since you say that this is for a US customer, it is a clear-cut case of "no can do". I think Michael Piston's suggestion is interesting, changing to B-1. My guess is that it would probably get denied, based on the fact that she wouldn't plan to leave the US but rather return to H-4 status. Also, the B-1 is intended for short-term visits. If this is for a few weeks, it might be doable. If it's for more than that, I'd be doubtful. Finally, the B-1 may simply not be practical because changing to that status would take quite a while. But if you can live with the delay, and if the work is short term, there certainly is no harm in trying; except for the application fee, there wouldn't be any real cost or risk. The worst that could happen is that it gets denied, and she simply stays in H-4 status. -- 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. |
Re: Working for Non-US Company on H4 Visa?
Originally posted by Michael E. Piston The provision of service for remuneration to anyone, even a non-U.S. company, even if the remuneration is not paid in the U.S., is employment, which is a violation of an H-4's status. You may want to consider changing your status to B-1. The work you described might be permissible in that category. Would I be allowed to perform unpaid work while on the H4 for a US company or charity? It would be good to keep my skills sharp. Originally posted by Ingo Pakleppa The only thing that might *arguably* be allowed (it's a grey area of the law) is if the H-4 holder was working for a foreign employer, and all work products ended up on foreign market. Suddenly the H1 Visa doesn't seem like such a hassle... Oh, and the wife's the one with the H1b, I originally had an L1A. |
Re: Working for Non-US Company on H4 Visa?
On Tue, 13 Apr 2004 07:26:37 +0000, powburn wrote:
> Originally posted by Michael E. Piston >> The provision of > service for remuneration to anyone, even a non-U.S. company, even if the > remuneration is not paid in the U.S., is >> employment, which is a > violation of an H-4's status. >> >> You may want to consider changing > your status to B-1. The work you described might be permissible in that > category. > > Thanks for the advice. I think the B1 might be much more hassle than > it's worth for the length of the contract and its immanent start date. > > Would I be allowed to perform unpaid work while on the H4 for a US > company or charity? It would be good to keep my skills sharp. Not for a US company, since you'd still be taking the job that a US citizen could get hired for, and you are actually underbidding his salary by 100%. A charity is a different story; you can volunteer, as long as whatever you are doing is something that Americans would also ordinarily do without pay. But if the contract is short, you have yet another option: you could leave the USA and work from somewhere else. As long as you are not physically in the USA, there cannot possibly be a problem. > Originally posted by Ingo Pakleppa >> The only > thing that might *arguably* be allowed (it's a grey >> area of the law) > is if the H-4 holder was working for a foreign employer, and all work > products ended up on foreign market. > > This sounds like a > possibility, remote working for a foreign employer, as long as the > foreign employer doesn't sell their goods or services within the USA. Am > I correct in this interpretation? Well, as I said, this is one possible interpretation, and not everybody would agree with it. > Suddenly the H1 Visa doesn't seem > like such a hassle... > Oh, and the wife's the one with the H1b, I originally had an L1A. -- 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. |
All times are GMT. The time now is 10:05 am. |
Powered by vBulletin: ©2000 - 2024, Jelsoft Enterprises Ltd.
Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.