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Can I work on personal projects and make money while living on a H1B Visa?

Can I work on personal projects and make money while living on a H1B Visa?

Old Mar 20th 2012, 9:34 pm
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Default Re: Can I work on personal projects and make money while living on a H1B Visa?

Originally Posted by N1cky
Yep, this one was definately an exception. Husband and wife team, reportedly made into millionaires thanks to this one game.
We can all dream of being the next Notch, type person
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Old Mar 20th 2012, 9:50 pm
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Default Re: Can I work on personal projects and make money while living on a H1B Visa?

My company has actually begun the process of getting me a green-card, but it'll be a few years yet until I get it; at what part of the Green-Card process can I begin to work on the side?

thanks!
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Old Mar 20th 2012, 9:52 pm
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Default Re: Can I work on personal projects and make money while living on a H1B Visa?

Originally Posted by KnickKnack
My company has actually begun the process of getting me a green-card, but it'll be a few years yet until I get it; at what part of the Green-Card process can I begin to work on the side?

thanks!
When you receive it.

Once you receive your green card you are a lawful permanent resident, so you're free to make money from side jobs in the same way any US citizen would be.
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Old Mar 20th 2012, 10:34 pm
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Default Re: Can I work on personal projects and make money while living on a H1B Visa?

Originally Posted by SultanOfSwing
When you receive it.

Once you receive your green card you are a lawful permanent resident, so you're free to make money from side jobs in the same way any US citizen would be.
That's not quite right: you can work once you have an EAD - there is a thread here and notes on the Wiki to that effect.

Sorry, not sure how you link to another thread so here is a link: http://britishexpats.com/forum/showthread.php?t=571104
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Old Mar 20th 2012, 10:42 pm
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Default Re: Can I work on personal projects and make money while living on a H1B Visa?

Originally Posted by markwm
That's not quite right: you can work once you have an EAD - there is a thread here and notes on the Wiki to that effect.
But not while he's still on his original H1B. If he's working for the H1B employer, then he is in the USA on that H1B status, and can only work for that H1B employer (even if he has an EAD in hand from filing AOS).

If he wants to stop working for the H1B employer, then he can do so and work using his EAD somewhere else, or for himself.

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Old Mar 20th 2012, 10:53 pm
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Default Re: Can I work on personal projects and make money while living on a H1B Visa?

Originally Posted by Noorah101
But not while he's still on his original H1B. If he's working for the H1B employer, then he is in the USA on that H1B status, and can only work for that H1B employer (even if he has an EAD in hand from filing AOS).

If he wants to stop working for the H1B employer, then he can do so and work using his EAD somewhere else, or for himself.

Rene
I thought one did not adversely affect the other: can't he stay with the employer on the H1B and do something else because he has the EAD?

If he was confident enough about getting the Green Card could he not simply abandon the H1B? (just a thought: probably not advisable!)
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Old Mar 20th 2012, 10:54 pm
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Default Re: Can I work on personal projects and make money while living on a H1B Visa?

Originally Posted by markwm
I thought one did not adversely affect the other: can't he stay with the employer on the H1B and do something else because he has the EAD?
Not to my layman's knowledge.

If he was confident enough about getting the Green Card could he not simply abandon the H1B? (just a thought: probably not advisable!)
In theory, he could, but agree that it's not a wise thing to do!

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Old Mar 20th 2012, 10:55 pm
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Default Re: Can I work on personal projects and make money while living on a H1B Visa?

Originally Posted by Rete
Ahhh your interpretation means that if you are a computer program writer you can NEVER EVER write a program outside of the office for your personal use or for the use of your family and/or friends.
You know that's not the correct interpretation! Your scenario would be okay as long as the coder wasn't compensated in any manner for writing the program. In one case, it's a hobby... in the other, it's a job. Whether there's any money involved is irrelevant... as compensation can take many forms. But... you already know that!

I've got to say - I like this new radical you!

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Old Mar 20th 2012, 10:55 pm
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Default Re: Can I work on personal projects and make money while living on a H1B Visa?

The OP's thread title specifically says "and make money". So he's not thinking of a hobby.

Rene
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Old Mar 20th 2012, 11:00 pm
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Default Re: Can I work on personal projects and make money while living on a H1B Visa?

Originally Posted by markwm
... can't he stay with the employer on the H1B and do something else because he has the EAD?
No. He can only be in the US in one status - either H-1B or something else. That being the case, he must abide by the rules for that status.

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Old Mar 21st 2012, 12:39 pm
  #26  
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Default Re: Can I work on personal projects and make money while living on a H1B Visa?

Why can't he continue to work for the company that originally obtained his H-1B? He will just be working for them as a pending PR and no longer requires the H-1B to continue working as he has an EAD.

The EAD allows you to work for anyone; so why not the original employer?
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Old Mar 21st 2012, 12:57 pm
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Default Re: Can I work on personal projects and make money while living on a H1B Visa?

Originally Posted by Rete
Why can't he continue to work for the company that originally obtained his H-1B? He will just be working for them as a pending PR and no longer requires the H-1B to continue working as he has an EAD.
That would work... IF he first left the employ of his H-1B sponsor and was then rehired based on his EAD and pending AOS. Otherwise, he's bound to abide by the H-1B rules.


The EAD allows you to work for anyone; so why not the original employer?
He can work for his original employer... but he can't do it without first leaving employment and being rehired. I'm pretty sure he can't work on an H-1B and an EAD both at the same time.

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Old Mar 21st 2012, 5:56 pm
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Default Re: Can I work on personal projects and make money while living on a H1B Visa?

Originally Posted by ian-mstm
That would work... IF he first left the employ of his H-1B sponsor and was then rehired based on his EAD and pending AOS. Otherwise, he's bound to abide by the H-1B rules.

He can work for his original employer... but he can't do it without first leaving employment and being rehired. I'm pretty sure he can't work on an H-1B and an EAD both at the same time.

Ian
From reading about this issue in other forums I believe the determining factor in such cases is under what status a person was last admitted to the US. For example, lets say I am an H1B holder who was last admitted to the US in that status. Then suppose I receive my EAD card and Advanced Parole document after applying for Adjustment of Status. With these documents in hand I can then leave the US and re-enter using my AP. I can then continue to work for my original employer, but now on the basis of AP/EAD and not the H1-B.
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Old Mar 21st 2012, 8:33 pm
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Default Re: Can I work on personal projects and make money while living on a H1B Visa?

Originally Posted by newXgate
I can then continue to work for my original employer, but now on the basis of AP/EAD and not the H1-B.
Yes, that sounds reasonable - as long as the employer is aware of the person's change in employment status and has the employer's permission to continue working for them. If the employer refuses for whatever reason, the person would need to leave the US and re-enter in H-1B status.

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Old Mar 21st 2012, 8:52 pm
  #30  
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Default Re: Can I work on personal projects and make money while living on a H1B Visa?

Originally Posted by fatbrit
The easy solution is to get your company to sponsor you for a green card.
This.

I have loads of projects and ideas that have been on hold until the green card arrived. Since I got it a few weeks ago, I have moved into a new house with a garage that is currently being reconfigured into the production area for all of my little projects. I did it this way so I have nothing to worry about.
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