Re: H1-B VISA and also Independent Contractor work

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Dear Sonya,

According to the USCIS, "H-1B aliens may only work for the
petitioning U.S. employer and only in the H-1B activities
described in the petition. The petitioning U.S. employer may
place the H-1B worker on the worksite of another employer if
all applicable rules (e.g., Department of Labor rules) are
followed. H-1B aliens may work for more than one U.S.
employer, but must have a Form I-129 petition approved by
each employer." USCIS will enforcement these rules depends
upon complaint is made and investigation will carry out.

Because of AC21, the H-1B employee is free to change jobs if
they have an I-485 application pending for six months and an
approved I-140, if the position to which they are moving is
substantially comparable to their current position. In some
cases, if those labor certifications are withdrawn and
replaced with PERM applications, processing times will
improve, but the person will also lose their favorable
priority date.

Thanks

On 3/07/07, Sonya Peters wrote:
> I work in the computer industry and have an H-1B VISA
> sponsored by my current Employer. I also have been asked
> on a number of occasions to help out on the side with some
> contract/consulting work and am wondering if this is
> allowed or permissable given my H-1B status?
>
> Normally this situation would entail working as an
> Independent Contractor and filing a Schedule C. My
> questions are:
> 1. Is it possible to work as an Independent Contractor
> while on an H-1B VISA or would I be violating my H-1B
> status if I engaged in this side work?
> 2. What is the likelihood that someone would get caught
> (i.e. would it be only if my taxes are audited)?