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  • 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!


    --
    Posted via http://britishexpats.com

  • #2
    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 <[email protected]_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!

    Comment


    • #3
      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.

      Comment


      • #4
        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.

        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.

        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?

        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.


        --
        Posted via http://britishexpats.com

        Comment


        • #5
          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.

          Comment

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