Working for Non-US Company on H4 Visa?
Apr 8th 2004, 5:40 am
#1
Forum Regular
Thread Starter
Joined: Aug 2002
Posts: 48
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!
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!
Apr 9th 2004, 3:04 am
#2
Guest
Posts: n/a
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!
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!
Apr 9th 2004, 6:08 am
#3
Guest
Posts: n/a
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.
> 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.
Apr 13th 2004, 7:26 am
#4
Forum Regular
Thread Starter
Joined: Aug 2002
Posts: 48
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.
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.
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.
Apr 14th 2004, 3:11 am
#5
Guest
Posts: n/a
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.
> 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.
